Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented F'ebruaryt 14, 1^93 IN ^"^'^ OP'. .'5^ • ' , , JUDGE D0Ua^lA*^S BOARiyVlAN FIRST CipAN OF THE SCHOOL : , ^ BJr his Wife and Daughter • . A.m. BpARDMAN and ELLEN D. WILLIAMS ° KF 4886.043"°" """"™'«y library MliS»IIMIimir,K"««°" 'aws Of A ^ ^ fts ?1J 1 ^il p^ffl (forn^U Earn i^rtjcol Hibtarjj Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924019917370 THE Election and Naturalization 01' THE UNITED STATES. BEING A COMPILATION OF ALL CONSTITUTIONAL PROVISIONS AND LAWS OF THE UNITED STATES, RELATING TO ELECTIONS, THE ELECTIVE FRANCHISE, TO CITIZENSHIP, AND TO THE NATURALIZATION OP ALIENS. WITH NOTES. OF DECISIONS. BY FLORIEN GIAUQUE, Editok op "Laws of Elections ts Ohio." "Bafp's Guide to Executoks and AdMINISTEATOBS, " ETC. CINCINNATI: EOBEET CLARKE & CO. 1880. COPTRIQHTBD. ROBEKT CLAEKE & CO. 1879. PREFACE. In view of the importance of the constitutional and stat- utory provisions of the United States relating to elections, to the naturalization of aliens, and other kindred subjects, and of the decisions of the United States courts relating thereto, and also in view of the fact that these provisions are to be found only in widely separated parts of large and expensive volumes of statutes, and that these decisions are scattered through series of reports, law magazines, and other periodicals, to all of which few persons out of reach of large public libra- ries can have access, it was thought the compilation found in this volume would be useful throughout the entire country, not only to officers of elections and other elective officers, but also to members of the bar, to candidates for office, to executive and campaign committees of all political parties, and to such other persons as take a proper interest in public affairs. The plan as to decisions has been to give notes of all the decisions of the United States Supreme, Circuit, and District Courts; as to naturalization, notes of all the decisions of these courts and of all the State courts also. Each paragraph, except those of the first chapter, is a sec- tion of the Revised Statutes of the United States, whose num- ber is given in brackets at the beginning of the paragraph. F. G. Cincinnati, Ohio, February, 1880. (iii) TABLE OF CASES. {The References are to the Pages in this Volume.) Acorn, The 49 Ah Yup 57 Anonymous 51, 53 Anthony v. Halderman 8 Austin w. State 8 Bailey, Ee 55 Baird. v. Byrne 51 Banks v. Walker 49, 52 Beardstown v. Virginia 59 Beavins' Case 50 Bessell v. Briggs 47 Blight V. Rochester 43 Brown v. U. S 43, 47 " v. McDonald 49, 56 " V. Shilling 57,58 Brownlee, Re 54 Bulwinkle's Case 50 Burton v. Burton 44, 45 Burkhardt, Ex parte 51 Butterworth's Case 52 Bye, Re 52, 57 Calais v. Marshfield 43 Campbell v. Morris 8 V. Wallace 43 !.. Gordon 49,58 Clark, Re 48, 52, 53 Chirac v. Chirac 48 Charge to Grand Jury 11 Christern, Re 49 Collettw. Collett 48 Connor, Re 51 Corliss, In re 2 Cregg, Ex parte 51 Cummings' Petition 52 Commonwealth v. Leary 49 " V. Lee 59 «. Sheriff. 59 Dale V. Irwin 51, 58, 59 Davis V. Hall 43 Expatriation 47 Fish V. Stoughton 47 Frances, The 47 Gladhill, Ex parte 51 Goetscheus v. Matthewson 45 Gordon v. State 30 Guyer v. Smith 59 Harbaugh v. Cicott 30 Harold, In re 43 Harrison v. Hadley ...23, 24 Hawley, Ex parte 57 Hayne, Ex parte 22, 64, 71 Hedgeman v. Board of Registra- tion 44 Heney v. Brooklyn Ben. So 50 Inglis V. Sailors' Snug Harbor.. 43, 47 Jackson v. Burns..... 47 Kane v. McCarthy 45 Kellogg u. Warmouth 24 Kelly V. Owen 44 Knowles, Ex parte 48 Lanz V. Randall 7, 50 Lasportas v. De La Motta 43 Leitensdorfer v. Webb 43 Ludlam v. Ludlam 44 Lynch v- Clarke 48 McCarthy t). Marsh....,, 49 McDaniel v. Richards 49 Mcllvaine u. Co3^e.! , 43 McKay v. Campbell 10, 42 Meintz' Case ,, 50 Miller«. Rhinehart 50 Miller's Application 57 Mills i). McCabe '. 51 Minor v. Happersett 7 Morgan v. IJudlpy 50, 51 Morrison, Re 58 Munro v. Merchant 42 Murrq,y v. Charming iptsy....42, 47 " V. McCarty 8 Nalle w. Fenwick 43 Nettles u. State 31 Newman, Ex parte 51, 58 (V) VI TABLE OF CASES. O'Conner v. State 68 Oldham v. Bangor 43 Osborn v. U. S. Bank 48 Overington, Ex parte 57, 58 Pasqualfc, Ex parte 57 Paul, Ex parte....' 57 People V. MoGowan 49, 51 " V. Pease 51 " ^. Sweetman 61 Planters' Bank v. St. John 42 Price V. Barbour 59 Pries v. Cummings 57 Ritchie v. Putnam 4'9 Rump V. Commonwealth 48, 61 Sanderson, Ex parte 57 Santissima Trinidad 47 Soharfer's Case 50 Scott, Ex parte 57 " «. Strobach 49 Seely w. Koox 12 Shanks v. Dupont 43, 47 Smith, Ex parte 51, 52 Spratt V. Spratt 48, 49, 50 Spenser, Re 52, 53 " V. Board of Registration. 7 State V. Board of State Canvass- ers 2 V. Perkins 30 V. Beachmo , 43 V. Adams 43, 46 V. Penny 49, 58 V. Paper 50, 53 V. Whittemore. 51, 60, 61 V. Webster 51 ex rel. v. McDonald 49, 56 Stark V. Chesapeake Ins. Co 49 Stephens' Case 50 Stewart, Re 55 Stoughton V. Taylor 46 Supervisors, Application for ap- pointment of. 13, 14 Supervisors of Election 14 Sutliif V. Forgey 50 Thurlow V. Massachusetts 48 Tobln V. Walkinshaw 43 Towles' Case 49 U. S. V. Anthony 7, 30, 31 " u. Barnabo : 34 " V. Brady ; 17 " V. Burley 63 " V. Canter 10 " V. Clarke 36 " V. Clayton 35 " V. Crosby 8,10, 29 " V. Cruikshank 7, 27-29 " V. Gitma 17, 18 " u. Given 36 " u. Hay den 36 " V. Hendric 31, 32 " V. Hirschfield 33 " V. Johnson 31 " I). Jones 60 " V. O'Neill 31 " V. Percheman 43 " V. Petersburg Judges and Registrars 10 " V. Power 51 " V. Quinn 33, 34 " V. Reese 7, 9-!0 " t;. Souders 31 " D. Tynen 61, 62 " V. White 32 " V. Wrape 32 Vaux V. Nesbitt 49, 50 Van Valkenburg v. Brown 7 Venus, The 47 Walton, Ex parte o7 Warmouth, Ex parte 13 Weaver u. Fegely 48 Wehletz, Re 50 West V. West 58 White V. Burnley 47 Wilson V. State 30 Winegard, Ex parte 51 Wood V. Fitzgerald....'. 8, 49, 50 Woolridge v. Wilkins 46 Teareu. White '54 Yup.Ah 57 IN THE APPENDIX. Clarke, Ex. parte 85 | Siebold, et al.. Ex parte 81 CONTENTS. CHAPTER I. Constitutional Provisions 1 CHAPTER II. The Elective Franchise — Including the U. S. Supervisors' Law 6 CHAPTER III. Jurisdiction of the United States Courts 22 CHAPTER IV. Crimes against the Elective Franchise and Civil Rights of Citizens 25 CHAPTER V. Citizenship 42 CHAPTER VI. Naturalization 48 CHAPTER VII. Crimes Relating to Naturalization 60 CHAPTER VIII. Presidential Elections 64 CHAPTER IX. Election of Senators 69 CHAPTER X. Apportionment and Election of Representatives and Delegates 71 'chapter XI. Contested Elections 74 Appendix 81 Index 89 (vii) TABLE op SECTIONS OP REVISED STATUTES OP THE DNITED STATES, SHOWING THE PAGE OK WHICH THESE SECTIONS ARE TO BE POUND. Revised Statutes of United States. SECTION. PAGE. 14-19 69, 70 20-27 71-73 105-130 74-79 131-151 64-68 563 22 629 22-24 1862,1863 73 1992-2001 42-47 (viii) SECTION. PAGE 2002-2031 6-21 2165-2174 48-59 5392 60 n. 5395... 60 5424-5429 61-63 5440 25 n. 5506-5532 25-41 U. S. Election and Naturalization Laws. CHAPTER I. CONSTITUTIONAL PEOYISIONS. [From the Constitution of the United States.] 1. The House of Eepresentatives shall be composed of members chosen every second year, by the people of the several States ; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. [Art. I, § 2, par. 1.] 2. No person shall be a representative who shall not have at- tained to the age of twenty-five years, and been seven years a citi- zen of the United States, and who shall not, when elected, be an in- habitant of that State in which he shall be chosen. [lb., par. 2.] 3. . . . The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent terra of ten years, in such manner as they shall, by law, direct. The number of representatives shall not exceed one for every thirty thousand ; but each State shall have at least one representative.^ . . . [lb., par. 3.] 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill up such vacancies. [lb., par. 4.] 5. The Senate of the United States shall be composed of twO' senators from each State, chosen by the legislature thereof, for six years ; and each senator shall have one vote. [lb., § 3, par. 1.] 6. Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, inta three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the ex- piration of the sixth year, so that one-third may be chosen every > I : ' The rule of apportionment prescribed in the first (the omitted) part of this. paragraph has been changed by the fourteenth amendment. Infra, par. 20, chap. 1. 2 U. S. ELECTION AND NATUEALIZATION LAWS. [CHAP. 1. isecond year ; and if vacancies happen by resignation, or otherwise, ■during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. [lb., par. 2.] 7. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. [lb., par. 3.] 8. The times, places, and manner of holding elections for sen- ators and representatives shall be prescribed in each state by the legislature thereof; but the Congress may, at any time, make or alter such regulations, except as to the place of choosing senators. £Ib., § 4, par. l.J 9. Each bouse shall be the judge of the elections, returns, and qualifications of its own members.' [lb, § 5, par.] 10. . . . No person holding any office under the United States shall be a member of either house during his continuance in. oflice. [lb., § 6, par. 2.] 11. The executive power shall be vested in a President of the United States of America. He shall hold his oflBce during the term of four years, and, together with the vice-president, chosen for the same term, be elected, as follows : [Art. II., § 1, par. 1.] 12. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole num- ber of senators and representatives to which the State may be en- titled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.' [lb., par. 2.] 1 In a proper case the Supreme Court of Wisconsin will require the board of State canvassers to determine in accordance with law which one of the candi- dates at an election in that State for the office of representative in Congress is entitled to the certificate of election. This does not contravene the constitutional power of the House to determine its members' right to the office; the court merely deciding whether the return made to such board of votes cast in a county should be included in their canvass and statement. State v. Soard of State Canvassers, 36 Wis. 498. ' A member of the Centennial Commission holds an office of trust, under the United States, within the meaning of Article II., section 1 of the Constitution, which makes him ineligible as a presidential elector. In re Corliss (Supreme Court of Ehode Island), 16 Am. Law Eeg. 15. Ineligibility, by reason of holding such office at the time of the election, can not be removed by a subsequent resignation of the office. lb. The effect of such ineligibility of the person receiving the highest number OHAP. 1.] CONSTITUTIONAL PROVISIONS. 3 13. The Congress may determine the time of choosing the elect- -ors, and the day on which they shall give their votes, which day ■fihall be the same throughout the United States.' [lb., par. 3.] 14. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of president ; neither shall any person be •eligible to that office who shall not have attained the age of thirty- fivis years, and been fourteen years a resident within the United States. [lb., par. 4.] 15. In case of the removal of the president from office, or of his 'death, resignation, or inability to discharge the powers and duties •of the said office, the same shall devolve on the vice-president, and the Congress may, by law, provide for the case of removal, death, resignation, or inability, both of the president and vice-president, •declaring what officer shall then act as president, and such officer rshall act accordingly, until the disability be removed, or a presi- •dent shall be elected.^ [lb., par. 5.] 16. The electors shall meet in their respective States, and vote by ballot for president and vice-president, one of whom, at least, rshall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president, and they shall make distinct lists of all persons voted for as president, and ■of all persons voted for as vice-president, and of the number of -votes for each, which lists they shall sign and certify, and trans- mit sealed to the seat of government of the United States, directed to the president of the Senate ; the president of the Senate shall, in the presence of the Senate and House of Representatives, open -all the certificates, and the vote shall then be counted ; the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of ■electors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the House of Eepresenta- -tives shall choose immediately, by ballot, the president. But in ♦choosing the president, the votes shall be taken by States, the rep- resentation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a -of votes is to avoid the election. It does not elect the person having the next iliighest number of votes. lb. 1 Seech. 8. » Seech. 8. 4 U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 1. choice. And if the House of Eepresentatives shall not choose a president whenever the right of choice shall devolve upon them^ before the fourth day of March next following, then the vice-presi- tdent shall act as president, as in the case of death or other consti- tutional disability of the president. [Twelfth Amendment.] 17. The person having the greatest number of votes as vice- president, shall be the vice-president, if such number be a major- ity of the whole number of electors appointed, and if no persott have a majority, then from the two highest numbers on the list, the Senate shall choose the vice-president ; a quorum for this pur- pose, shall consistoftwo-thirdsof the whole number of senators, and a majority of the whole number shall be necessary to a choice. [Ib.Jj 18. But no person constitutionally ineligible to the office of pres- ident shall be eligible to that of Vice-President of the United States. [Ib.J 19. All persons born or naturalized in the "United States, ^and subject to the jurisdiction thereof, are citizens of the United States- and of the State wherein they reside. No State shall make or en- force any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. [Fourteenth Amendment, § l.j 20. Eepresentatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citi- zens of the United States, or in any way abridged, except for par- ticipation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. [lb. § 2.] 21. No person shall be a senator or representative in Congress, or elector of president and vice-president, or hold any office, civil or military, under the United States, or under any State, who having previously taken an oath as a' member of Congress, or as an officer of the United States, or as a member of any State legis- •CHAP. I.] CONSTITUTIONAL PROVISIONS. 5 lature, or as an executive or judicial officer of any State, to support "the Constitution of the United States, shall have engaged in insur- rection or rebellion against the same, or given aid or comfort to the enemies thereof But Congress may, by a vote of tWo-thirds of the vote of each House, remove such disability. [lb. § 3.] 22. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.' [lb. § 5.] 23. The right of citizens of the "United States to vote shall not be denied or abridged by the United States or by any State on ac- count of race, color, or previous condition of servitude. [Fif- teenth Amendment, § 1.] 24. Congress shall have power to enforce this article by appro- 'priate legislation.' [lb. § 2.] 25. Congress shall have power to establish a "uniform rule of naturalization . . . throughout the United States.' [Art. I, § 8, par. 4.] ' For legislation under this amendment, see chaps. 2, 3, 4 ; for decisions, sea notes to such chapters. ' See chaps. 2, 3, 4, and notes, for legislation and decisions under this amend- As to jurisdiction of the United States Circuit Courts, in causes arising: under this chapter, see pars. 1, 2, chap. 3, infra, and appendix. As to removal of causes growing out of this chapter from State courts to the United States Circuit Courts, see note to chap. 8, infra. (a) The word " citizen " is often used to convey the idea of membership in a nation. In that sense, women, if born of citizen parents within the juris- diction of the United States, have always been considered citizens of tho- CHAP. 2.] THE ELECTIVE FRANCHISE. 7 shall order, bring, keep, or have under his authority or control, any troops or armed men at the place where any general or special elec- United States, as much so before the adoption of the fourteenth amendment tO' the Constitution as since. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the fourteenth amendment, and that amendment does not add to these privileges or immunities. It simply furnishes- additional guaranty for the protection of such as the citizen already had. At the time of the adoption of that amendment, suffrage was not co-extensive ■with the citizenship of the States ; nor was it at the time of the adoption of the Constitution. Neither the Constitution nor the fourteenth amendment made all citizens voters. A provision in a State Constitution, which confines the right of voting- to "male citizens of the United States," is no violation of the Federal Consti- tution. In such a State, women have no right to vote. Minor v. Happersett, 21 Wall. 162. See United States v. Cruikshank, 92 U. S. 542. (6.) In United States v. Susan B. Anthony, 11 Blatch. 200, a similar provision in the Constitution of New York was held not to conflict with the fourteenth amendment, and like principles on the general doctrine were declared by Jus- tice Hunt. See note 2, page 20. (c.) The elective franchise is not a natural right,' and is made to rest, in th& United States, upon the authority of law which defines the qualifications of those citizens who may exercise it. By the first clause of the fourteenth amendment, all persons born in the United States are citizens thereof, and therefore capable of becoming voters. But the amendment does not execute itself; legislative action is necessary to authoriz& any particular class of persons to vote. Within the District of Columbia the laws of Congress on this subject extend only to male citizens. Spencer v. Board of Begistration, 1 MacArthur, 169. (rf.) The fifteenth amendment took away the authority to discriminate against citizens of the United States on account of either race, color, or previous con- dition of servitude ; but the power of exclusion upon all other grounds, includ- ing that of sex, remains intact. Neither does the fourteenth amendment cur- tail the power of the States as to who may vote within their limits. Van Yalkenburg •». Brown, 43 Cal. 43. (e)Neither does the fifteenth amendment confer the right of suffrage. U. S. v. Beese, 92 U. S. 214. See note to par. 3, chap. 2, infra. (/.) Citizenship and the right to vote are neither identical nor inseparable ; and the Constitution of Minnesota, although it authorizes resident unnatural- ized foreigners to vote at State elections and hold oflSce, does not make them citizens of the State, and such persons may remove causes to the Circuit Court of the United States, on the ground that they are aliens, although they have resided in the State for many years, and voted at elections, as authorized by the State Constitution, or held office under the laws of the State. Lanz v Bandall, 4 Dill. 426. (ff.) See an interesting article on the subject of " The Elective Franchise," by Dr. Spear, in 16 Albany Law Jour. 272-7. He arrives at the following con. 8 U. S. ELECTION AND NATDKALIZATION LAWS. [CHAP. 2. tion is held in any State, unless it be necessary to repel the armed enemies of the United States, or to keep the peace at the polls.' [25 Feb. 1865, ch. 52, § 1, v. 13, p. 437.] 2. [§ 2003.] No officer of the army or navy of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclama- tion, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in anj' elusions, after a full examination of the provisions of the Constitution, and the decisions thereon : " That, with the exception of the District of Columbia and the Territories of the United States, in both of which Congress has exclusive jurisdiction, the question, who are voters in this country, and who are not, is wholly a matter of State authority and State discretion, subject to the following limitations: 1. That those who in each State are voters for members Of the most numerous branch of its legislature are by the Constitution entitled to be voters for repre- sentatives in Congress. 2. That citizens of the United States shall not by any- State be excluded from voting ' on account of race, color, or previous condition ■of servitude.' 3. That no State shall adopt any Constitution or exercise any power that is destructive of ' a republican form of government.' Outside of these limitations, the whole power of determining who shall exercise the elec- tive franchise in the States, whether in respect to the election of State or na- tional officers, is with the States themselves, and with each State with reference to its own citizens. So long as the States keep within these limits, Congress has nothing to do with the question, simply because it has no power of action.'' (p. 276.) (h.) Congress has power to interfere for the protection of voters at federal •elections, and that power existed before the adoption of the fourteenth or fif- teenth amendments. U. S. v. Crosby, 1 Hughes, 448. (i.) The words of the 2d section of the 4th article of the Constitution, which provides that " citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States," are to be given a limited, and not a full, operation. They do not mean the right of election, of being elected, or of holding offices. Campbell v. Morris, 3 Har. & M. (Md.) 554 ; Murray v. Mc- Carty, 2 Mumf. (Va.) 898; Austin v. State, 10 Mo. 591. (j.) The fifteenth amendment is a part of the supreme law of the land, and its effect is to annul those provisions of State Constitutions, and those enact- ments of State legislatures, which restrict the exercise of the right of suffrage to white persons. Wood v. Fitzgerald, 3 Greg. 568. (k.) The fifteenth amendment — giving the right to vote without restriction on account of race, color, etc —does not give negroes the right to vote inde- pendent of restrictions and qualifications — e. g., as to age and residence im- posed by a State Constitution on whites. Anthony v. Halderman, 7 £ansas, 50. See note to chapter 8, " Presidential Elections." As to effect of naturalization, see note, par. (A), to chap. 6, Wood v. Fitzger- ald, 3 Oreg. 568. 'See pars. 19, 20, 23, chap. 4. OHAP. 2.j THE ELECTIVE FRANCHISE. 9 State, or with the exercise of the free right of suffrage in any State.' [lb.] 3. [§2004.] All citizens of the United States who are other- wise qualified by law to vote at any election by the people in any .■State, Territory, district, county, city, parish, township, school dis- trict, 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 constitution, law, ■oustom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding." [31 May, 1870, ch. 114, § 1, V. 16, p. 140.] 1 See pars. 21-23, chap. 4. 'See par. 1, chap. 4, infra. See 15th Amend., pars. 23, 24, chap. 1. (a.) Indictment against two inspectors of a municipal election of Kentucky, for refusing to receive and count, at such election, the vote of a citizen of African descent. Eights and immunities created by^ or dependent upon, the Constitution of ^he United States, can bo protected by Congress. The form and manner of that protection may be such as Congress, in the legitimate exercise of legislative -discretion, shall provide, and may be varied to meet the necessities of a partic- ular right. The fifteenth amendment does not confer the right of suffrage ; that comes from the States; but it invests citizens of the United States with the right of ■ exemption from discrimination in the exercise of the elective franchise, on ac- ■count of their race, color, or previous condition of servitude, and empowers Congress to enforce that i:ight by " appropriate legislation." The power of Congress to legislate at all, upon the subject of voting at State elections, rests >upon this amendment, and can be exercised by providing a punishment only ■when the wrongful refusal to receive the vote of a qualified elector at such, -elections, is because of his race, color, or previous condition of servitude. Section 1 of the act of May 31, 1870 ( g 2004, supra), simply declares a right, ■without providing a punishment. Section 2 of that act (§§ 2005, 2006, infra), do not apply to Inspectors of an •election, as their only duty is to receive and count the votes of citizens already •qualified. Sections 3 and 4 of the act May 31, 1870 (§§ 2007-2009, 5506, infra), not be- ing confined in their operation to unlawful discrimination on account of race, Kiolor, or previous condition of servitude, are beyond the limit of the fifteentli .amendment and unauthorized. As these sections are, in general language, broad enough to cover wrongful acts without, as well as within, the constitu- tional jurisdiction, and can not be limited by judicial construction so as to jnake them operate only on that which Congress may rightfully prohibit and punish : HeU, That Congress has not provided, by " appropriate legislation," for the punishment of an' inspector of a municipal election for refusing to re- •ceive and count, at such election, the vote of a citizen of the United States of 10 V. 8. ELECTION AND NATURALIZATION LAWS. [CHAP. 2_, 4. [§ 2005.] When, under the authority of the Constitution or- laws of any State or the laws of any Territory, any act is required to be done as a prerequisite or qualification for voting, and by such. Constitution or laws persons or oflScers are charged with the duty of furnishing to citizens an opportunity to perform such prerequi- site, or to become qualified to vote, every such person and officer- African descent. U. S. v. Eeese, 92 U. S. (2 Otto), 214. See U. S. o. Canter,. 2 Bond, 389 ; U. S. ■•>. Crosby, 1 Hugh. 448. (A.) Under the fifteenth amendment to the Constitution, and the act of May 31, 1870, to enforce it, all persons declared citizens of the United States, by the- fourteenth amendment, are entitled to vote in the State where they reside at- all elections by the people, without distinction of race, color, or previous con- dition of servitude ; but the several States, notwithstanding the amendment, have the power to deny the right of suffrage to any citizens of the United'. States, on account of age, sex, place of birth, vocation, want of property, or intelligence, neglect of civic duties, crime, or other cause not speci- fied in the amendment. The power of Congress over the subject of the right . to vote in the several States is conferred by the fifteenth amendment, and is- confined to the enforcement of such amendment, by preventing the States from discriminating between citizens of the United States in the matter of the right. to vote, on account of race, color, or previous condition of servitude. Under the law of Oregon, when a person offers to vote, and is duly challenged,, thereafter his right to vote depends upon his taking the oath that he is a quali- fied elector, as prescribed in section 13 of the election law (Oreg. Code, 700),. and it then becomes the duty of the judges of election to tender him such oath, and administer it to him, if he is willing to take it. The taking of this oath-' tgr the party offering to vote after he is challenged is a necessary prerequisite- to the right to vote within the meaning of section 2 of the act of Congress aforesaid (J^ 2005, 2006), and a refusal or omission upon the part of the judges to- give such party an opportunity to take it is a violation of such section, if the- same be done on account of his race, color, or previous condition of servitude,, but not otherwise. In an action to recover the penalty, under section 2 of the act of Congress- aforesaid (§ 2006), it must appear from the complaint that the plaintiff was a. citizen of the United States, and otherwise qualified to vote at the time and', place mentioned in the complaint; and that the defendant refused or knowingly omitted to furnish the plaintiff an opportunity to become qualified to vote, as- hy refusing or knowingly omitting to swear the plaintiff to his qualification as an elector, when the law of the State made it his duty to do so, and that such re- fusal or omission was on account of the race, color, or previous condition of eervitude of plaintiff. McKay v. Campbell, 1 Sawyer, 374; s. c, 2 Abbott. (U. S.), 120. (c.) In the United States Circuit Court, for the Eastern District of Virginia,, in the case of the U. S. u. Petersburg Judges and Eegistrars of Election, Bond, C J., field, that the fourth section of the enforcement act ( § 5506), providing, for the punishment of the crime of obstructing voters, is appropriate legisla- tion under the fourteenth amendment, and is, therefore, constitutional^ and aa/ CHAP. 2.] THE ELECTIVE FRANCHISE. 11 stall give to all citizens of the United States the same and equal' opportunity to perform such prerequisite, and to become qualified to vote.' [lb. § 2.] 5. [§ 2006.] Every person or officer charged with the duty specified in the preceding section, who refuses or knowingly omits- to give full effect to that section, shall forfeit the sum of five hun- dred dollars to the party aggrieved by such refusal or omission, to- be recovered by an action on the case, with costs, and such allow- ance for counsel fees as the court may deem just.^ U^] 6. [§2007.] Whenever, under the authority of the Constitution^ or laws of any State or the laws of any Territory, any act is re- quired to be done by a citizen as d prerequisite to qualify or entitle- him to vote, the offer of such citizen to perform the act required to-, be done, shall, if it fail to be carried into execution by reason of the wrongful act or omission of the person or officer charged with th©^ duty of receiving or permitting such performance or offer to per- form, or acting thereon, be deemed and held as a performance in law of such act; and the person so offering and failing to vote, 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 sucli act.' [lb. §3.] 7. [§ 2008.] Every judge, inspector, or other officer of election whose duty it is to receive, count, certify, register, report, or give- effect to the vote of such citizen, who wrongfully refuses or omits- to receive, count, certify, register, report, or give effect tothe- vote of such citizen upon the presentation by him of his affidavit^ indictment under it, charging the prevention of legally qualified citizens of Virginia from voting, and the refusal to register such citizens as voters, is- Talid and sufficient, although it does not charge that the acts were done on ac- count of race, color, etc. (14 Am. L. E. 238.) Hughes, D. J., on the other band, held (as the Supreme Court has since held, in U. S. o. Eeese, supra), that the fourth section was unconstitutional ; that the only protection which tha- United States can afford to tho right to vote (which comes from the States), is^ that it shall not he abridged on account of race, color, etc. (lb. 105.) See Charge to Grand Jury, U. Sj Cir. Court, Dist. W. Va., 2 Hughes, 518. See note to par. 3, chap. 4,.infra. >See par. 1, chap. 4, infra. See note to preceding section, par. (6), McKay v. Campbell; also par. (o). = See par. 1, chap. 4, infra. See par. (6) of note to par. 3, chap. 2, supra, McKay v. Campbell ; also par., (a) of same note. 'See par. 3, chap. 4, infra. See par. (a) of note to par. 3, chap. 2, svpra. 12 V. S. ELECTION AND NATUKALIZATION LAWS. [CHAP. 2. stating such offer and the time and place thereof, and the name of *he officer or person whose duty it was to act thereon, and that he was wrongfully prevented by such person or officer from per- forming such act, shall forfeit the sura of five hundred dollars to the party aggrieved by such refusal or omission, to be recovered iDy an action on the case, with costs, and such allowance for coun- sel fees as the court shall deem just.' [Ib.J 8. [§ 2009.] Every officer or other person, having powers or duties of an official character to discharge under any of the pro- visions of this title, who, by threats or any unlawful means, hin- "ders, delays, prevents, or obstructs, or combines and confederates with others 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 in any State, Territory, district, county, •city, parish, township, school district, municipality, or other terri- torial subdivision, shall forfeit five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with •costs, and such allowance for counsel fees as the court may deem just.'' [lb. § 4, p. 141. 10 June, 1872, ch. 415, § 1, v. 17, p. 349.] 9. [§ 2010.] Whenever any person is defeated or deprived of his •election to any office, except elector of president or vice-president, representative or delegate in Congress, or member of a State legis- ■iature, by reason of the denial to any citizen who may offer to "vote, of the right to vote, on account of race, color, or previous condition of servitude, his right to hold and enjoy such office, and the emoluments thereof, shall not be impaired by such denial ; and the person so defeated or deprived may bring any appropriate suit -or proceeding to recover possession of such office, and in cases where it appears that the sole question touching the title to such office arises out of the denial of the right to vote to citizens who 80 offered to vote, on account of race, color, or previous con- -dition of servitude, such suit or proceeding may be instituted in -the Circuit or District Court of the United States of the circuit or 1 See par. 3, chap. 4, infra, and par. 10, chap. 4, infra. See par. (a) of note to par. 3, chap. 2, supra. ^See par. 2, chap. 3, infra; par. 1, chap. 4, infra; pars. 4-7, this chap., supra. In an action on the case to recover the forfeit provided for in the foregoing eection, the declaration must aver that the plaintiff was prevented from voting *by force, bribery, threats, intimidation, or other unlawful means ; and a decla- ration which alleges that the unlawful means by which the plaintiff was pre- vented from voting was the erroneous decision of the defendant, who was an ^officer of the election, without averring that the decision was willfully or ma- Jiciously wrong, is insufficient. Seeley v. Koox, 2 Woods, 868. See par. (a) of note to par. 3, chap. 2, supra. CHAP. 2.] THE ELECTIVE FKANCHISE. 13: district in which such person resides. And the circuit or dis- trict court shall have, concurrently with the State courts, juris- diction thereof, so far as to determine the rights of the parties tO' such office by reason of the denial of the right guaranteed by tho fifteenth article of amendment to the Constitution of the "United States, and secured herein.^ [31 May, 1870, ch. 114, § 23, v. 16, p. 146.] U. S. SUPERVISOR LAW.' 10. [§ 2011. J Whenever, in any city or town having upward of twenty thousand inhabitants, there are two citizens thereof, or whenever, in any county or parish, in any congressional district, there are ten citizens thereof, of good standing, who prior to any registration of voters for an election for representative or delegate in the Congress of the United States, or prior to any election at which a representative or delegate in Congress is to be voted for, may make known in writing, to the judge of the Circuit Court of the United States for the circuit wherein such city or town, county or parish, is situated, their desire to have such registration or such election, or both, guarded and scrutinized, the judge, within not less than ten days prior to the registration, if one there be, or, if no registration be required, within not less than ten days prior to the- election, to open .the circuit court at the most convenient point in said circuit.' [28 Feb. 1871, ch. 99, § 2, v. 16, p. 433 ; 10 June, 1872, ch. 415, § 1, V. 17, p. 438.] ' See pars. 1, 2, chap. 3, infra. ■Where the circuit court exercises jurisdiction under this section, an appeal -will lie to the Supreme Court of the United States ; but that court has no- power to issue the writ of prohibition in such a case until an appeal is taken.. Ex parte Warmouth, 17 Wall. 64. See note to par. 2, chap. 3, infra, Harrison v. Hadley, 2 Dillon, 229. 'See pars. 8, 9, chap. 1, and appendix. ' (a.) Application of sundry citizens for the appointment of supervisors for the voting precincts of the City of Cincinnati, to supervise the election of members of Congress at the October election, 1878. Objection to such appoint- ment on the ground that the law is unconstitutional, as conferring a non-j udicial or political duty upon the court : The power conferred upon the circuit court by sections 2011, 2012, 2025 Eev. Stat, is judicial. All the court is called upon to do, is to appoint officers to dis- charge the duties thereby imposed. Congress has the constitutional right to provide for the honest election of the members of its own body. It might have appointed these officers itself, but instead, it has seen fit to impose the power of appointment upon the circuit court. The Constitution (art. II, § 2), defining the duties of the president, provides that " the Congress may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments." This statute i» 14 XT. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 2, 11. [§ 2012.] The court, when so opened by the judge, shall pro- ceed to appoint and commission, from day to day and from time to time, and under the hand of the judge, and under the seal of the court, for each election district and voting precinct, in such •anded and conspired to injure, oppress, threaten, and Intimidate citizens of the United States of African descent, therein named; and which in sub- stance respectively allege that the defendants intended thereby to hinder and prevent such citizens in the free exercise and enjoyment of rights and priv- ileges granted and secured to them in common with other good citizens by the Constitution and laws of the United States ; to hinder and prevent them in the free exercise of their right peacefully to assemble for lawful purposes ; prevent and hinder them from bearing arms for lawful purposes ; deprive them of their respective several lives and liberty of person without due process of law ; prevent and hinder them in the free exercise and enjoyment ■of their several right to the full and equal benefit of the law ; prevent and hinder them in the free exercise and enjoyment of their several and respective -right to vote at any election to be thereafter by law had and held by the people in and of the State of Louisiana, or to put them in great fear of bodily harm, :and to injure and oppress them, because, being and having been in all things qualified, they had voted at an election theretofore had and held according to law by the people of said State, — do not present a case within the 6th section of the enforcement act of May 31, 1870. To bring a case within the operation ■of that statute, it must appear that the right the enjoyment of which the con- spirators intended to hinder or prevent was one granted or secured by the Constitution or laws of the United States. If it does not so appear, the al- leged offense is not indictable under any act of Congress. The counts of an indictment which, in general language, charge the defend- •.ants with an intent to hinder and prevent citizens of the United States, of African descent, therein named, in the free exercise and enjoyment of the rights, privileges, immunities, and protection granted and secured to them respectively as citizens of the United States and of the State of Louisiana, because they were persons of African descent, and with intent to hinder and prevent them in the several and free exercise and enjoyment of every, each, all, and singular the ■several rights and privileges granted and secured to them by the Constitution and laws of the United States, do not specify any particular right the enjoy- ment of which the conspirators intended to hinder or prevent, are too vague and general, lack the certainty and precision required by the established rules of criminal pleading, and are therefore not good and sufficient in law. In criminal cases, prosecuted under the laws of the United States, the accused has the constitutional right " to be informed of the nature and cause of the ac- cusation." The indictment must set forth the offense with clearness and all ■necessary certainty to apprise the accused of the crime with which he stands ■charged; and every ingredient of which the offense is composed must be ac- CHAP. 4.] CKIMBS AGAINST ELECTIVE FRANCHISE, ETC. 29* punishment as is attached to such felony or misdemeanor by the- laws of the State in which the offense may be committed.' [lb., § 7.] 5. [§ 5510.] Every person who, under color of any law, statute, ordinance, regulation, or custom, subjects, or causes to be subjected, any inhabitant of any State or Territory to the deprivation of any- rights, privileges, or immunities, secured or protected by the Con- stitution and laws of the United States, or to different punish- ments, pains, or penalties, on account of such person being an alien, or by reason of his color or race, than are prescribed for the punishment of citizens, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or by both. [lb., § 17, p. 144.] 6. [§ 5511.] If, at any election for representative or delegate in Congress, any person knowingly personates and votes, or attempts- curately and clearly alleged. It is an elementary principle of criminal plead- ing, that, where the definition of an offense, whether it be at common law or by statute, includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition, but must state the species — it must descend to particulars. The object of the indictment is, first, to furnish the accused with such a description of the charge against him- as will enable him to make his defense and avail himself of his conviction or acquittal for protection against a further prosecution for the same cause ; and, second, to inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction, if one should be had. Por this, facts are to be stated, not conclusions of law alone. A crime is made up of acts and intent; and these must be set forth in the indictment, with reasonable particularity of time, place, and circumstances. By the act under which this indictment was found, the crime is made to con- sist in the unlawful combination, with an intent to prevent the enjoyment of any right granted or secured by the Constitution, etc. All rights are not so granted or secured. "Whether one is so or not, is a question of law to be de- cided by the court. The indictment should, therefore, state the particulars, to inform the court as well as the accused. It must appear from the Indictment, that the acts charged will, if proved, support a conviction for the offense alleged- United States V. Cruikshank, 92 U. S. (2 Otto), 542; s. e. on the circuit, 1 Woods, 308.- See note to par. 8, chap. 2, supra. 1 The first section (g 2004, supra) of the act of May 31, 1870, declared a right, and section 7 of the same act defines the punishment for its violation. It is not necessary that each section of the act should contain or disclose the penally for its infraction. That is often, as in this statute, referred to a later, and gen- erally to the closing, section of the act defining the crime or offense, and is made applicable to all the antecedent sections. In charging a statutory offense^ it is generally sufficient to set it out in the words of the statute. TJ. S. o, Crosby, 1 Hughes, 448. •30 U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 4^' to vote, in the name of any other person, whether living, dead, or fictitious ; or votes more than once at the same election for any can- didate for the same oflSce;^ or votes at a place where he may not be lawfully entitled to vote ; or votes without having a lawful right to vote ;' or does any unlawful act to secure an opportunity to vote for 1 It is no defense to a prosecution for voting a second time at an electioI!^ to «how that the first vote was illegal and not entitled to be counted. State p. Perkins, 42 Vt. 399; and see, Harhaugh v. Cicott, 33 Mich. 241. Por other State decisions on prosecutions for voting more than once, see Gor- ■don V. State, 21 Minn. 22; Wilson v. State, 52 Ala. 299. '(a.) A female voted at an election in the State of New York for a representative in Congress. Under the Constitution and laws of the State of New York, none but males were authorized to vote for members of the most numerous branch of the State legislature. She possessed all the qualifications entitling a person to vote ;at such election, except that she was not a male. She was indicted, under section 19 of the act of May 31, 1870, for knowingly voting at such election without hav- ing a lawful right to vote. On the trial, it was contended, in defense, that, as she had all the qualifications required for electors of representatives in Congress, by article I, section 2, subdivision 1 of the Constitution of the ITnited States (namely, the qualifications requisite for electors of the most numerous branch een convicted of such offense of the right of suffrage. United States v. Barnabo, 14 Blatch. 74. •CHAP. 4.] CRIMES AGAINST ELECTIVE FRANCHISE, ETC. §5 do any act hereby made a crime, or to omit any act the omiasion •of which is hereby made a crime, every such person shall be pun- ishable as prescribed in the preceding section. [Feb. 28, 1871, ^hap. 99, § 1, T. 16, p. 434; May 31, 1870, ch. 114, § 20, v. 16, p. 145.] 8. [§ 5513.] 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 may be chosen, shall be ■deemed to be a registration within the meaning of the preceding rsection, notwithstanding such registration is also made for the pur- poses of any State, Territorial, or municipal election.' [Feb. 28, 1871, ch. 99, § 1, V. 16, p. 433.] 9. [§ 5514.] Whenever the laws of any State or Territory re- •quire the name of a candidate or person to be voted for as repre- sentative or delegate in Congress shall be printed, written, or con- tained on any ticket or ballot with the names of other candidates •or persons to be voted for at the same election as State, territorial, municipal, or local officers, it shall be deemed sufficient prima facie •evidence to convict any person charged with voting, or offering to vote, unlawfully, under the provisions of this chapter, to prove that the person so charged cast or offered to cast such a ticket or ballot whereon the name of such representative or delegate might by law be printed, written, or contained, or that the person so oharged committed any of the offenses denounced in this chapter with' reference to such ticket or ballot. [31 May, 1870, ch. 114, :§ 21, V. 16, p. 145.] 10. [§5515.] Every officer ^ of an election at which any repre- •fientative or delegate in Congress is voted for, whether such officer 1 The foregoing provision is constitutional. United States ®. Quinn, 8 Blatch. 48 ; see note (par. 6.) to preceding section. 2 The governor of a state is not " an officer of election " within the meaniog ot section 22 of the act of May 31, 1870, which makes it criminal for any " election officer " fraudulently to make any false certificate of the result of any •congressional election. U. S. v. Clayton, 2 Dillon, 219; 19 Am. Law Rep, 737 ; 10 Am. Law Reg. (N. S.) 737. Rules by which courts arrive at the intention of the legislature in construiing criminal statutes stated and applied. Statutes creating crimes will not be ex- tended by judicial interpretation to cases not plainly and unmistakably within their terms. In statutes creating and defining criminal ofienses, the courts will not, by construction, ingraft' words in one section upon those of another, runless the legislative intention be plain and clear. lb. The relations of a State to the general government, and of the governor to both, referred to as showing the improbability that Congress would (if its SQ V. 8, ELECTION AND NATURALIZATION LAWS. [CHAP. 4. of election be appointed or created by or under any law or author- ity of the United States, or by or under any State, Territorial, dis- trict, or municipal law or authority, who neglects or refuses 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 who violates any duty so imposed ; or who knowingly does any acts thereby unauthorized, with intent to affect any such election, or the result thereof; or who fraudulently makes any false certifi- cate of the result of such election in regard to such representative- or delegate ;' or who withholds, conceals, or destroys any certificate- of record so required by law respecting the election of any sucb power be conceded) provide for the trial and imprisonment of this officer for omitting or fraudulently performing election duties prescrihed by State: laws. lb. ' (a.) It is within the constitutional power of Congress, in providing for the- election of its members, to declare any willful refusal or neglect on the part of a State officer to perform the duties imposed by State laws as to such elec- tions, a crime punishable by indictment in the federal courts. U. S. v. Clarke- (U. S. Circuit Court, Southern District of Ohio, Baxter, J.), 4 Gin. Law. Bull. 49. Commonwealth of Kentucky v. Dennison, Governor, 24 How. 66, distin- guished, lb. On a motion to quash an indictment, under section 5515, against a judge of an. election afwhich representatives in Congress were voted for, appointed by the State authorities, for unlawfully neglecting to perform certain duties enjoined' on him as such judge by the laws of Ohio : Heid, that the passage of such law is a proper exercise of the power of Congress, and constitutional. lb. [This case has since been decided by the United States Supreme Court OQ habeas corpus. See appendix.] (6.) When State laws have imposed duties upon persons, whether' officers or not, the performance or non-performance of which affects rights under the fed- eral government. Congress may make the non-performance of those duties an' offense against the United States, and may punish it accordingly. (J. S. v. Given (U. S. Circuit Court, District of Delaware, Strong and Bradford, J. J.), 17 Int. Eev. Eec. 189, 195. 'The revised statutes of New York prescribe that the ballots in certain spe- cified boxes shall be canvassed in a particular order. A failure by the inspect- ors to canvass in that order, in the absence of a guilty or improper motive, i& not a criminal offense. U. S. v. Hayden, 52 How. (N. T.) Pr. 471. To warrant a conviction of an inspector of election, chosen under any State law, for making a false certificate of the result of the canvass for representa- tive in Congress, there must be proof that the certificate was made by such inspector fraudulently. The fact that a fraud upon the ballot-box was com mitted by some unknown person, no agency of the inspector being shown, i* not sufficient to warrant a conviction under section 5515, K. S. lb. It is not a criminal neglect of duty for an inspector of election to deliver the keys of a ballot-box, on the morning of election, to a policeman assigned by OHAP. 4.] CKIMES AGAINST ELECTIVE FRANCHISE. ' 87 representative or delegate ; or neglects or refuses to make and re-) turn such certificate as required by law ; or who aids, counsels, procures, or advises 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 such sec- liions made a crime, or attempts to do so, shall be punished as pre- iBcribed in section fifty-five hundred and eleven.' [lb. § 22.] 11. [§ 5516.] Every person who willfully obstructs, hinders, or prevents any officer or other person charged with the execution of .a,ny warrant or process issued under the provisions of sections nineteen hundred and eighty -four and nineteen hundred and ■eighty-five, Title " Civil Eights," or any person lawfully assisting ibim, from arresting any person for whose apprehension such war- rant or process may have been issued ; or rescues or attempts to xescue such person from the custody of the officer or other person 'lawfully assisting when so arrested, pursuant to the authority herein given ; or aids, abets, or assists any person so arrested, di- Tectly or indirectly, to escape from the custody of the officer or other person legally authorized to arrest the party ; or harbors or •conceals any person for whose arrest a warrant or process has been issued, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant has been issued for the ap- prehension of such person, shall, for any of such offenses, bo sub- ject to a fine of not more than one thousand dollars, or imprison- ment not more than six months, or both. [31 May, 1870, ch. 114, § 11, V. 16, p. 142.] 12. . [§ 5517.] Every marshal and deputy marshal who refuses i;o receive any warrant or other process when tendered to him, issued in pursuance of the provisions of section nineteen hundred, and eighty-five, Title " Civil Eights," or refuses or neglects to us© .all proper means diligently to execute the same, shall be liable to a ifine in the sum of one thousand dollars, for the benefit of the party 4iggrieved thereby. [lb. § 10.] 13. [§ 5518.] If two or more persons in any State or Territory •conspire to prevent, by force, intimidation, or threat, any person (from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; »trhe city authorities to do duty at the poll on election day, where this is proven to have been the custom in the city in which the election was held, and where ■it is under the apparent sanction, though not strict construction, of the polica flaw of the city. lb. >See pars. 7, 15-19, 21, 25, 26, chap. 2, supra. S8 tJ. S. ELECTION AND NATUEALIZATION LAWS. [CHAP. 't:- or to induce by like means any oflScer of the United States to leave' any State, district, or place where his duties as officer are require* to be performed, or to injure him in his person or property om account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property,, 60 as to molest, interrupt, hinder, or impede him in the disehargef of his official duties ; each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less- than six months nor more than six years, or by both such fine and. imprisonment. [July 31, 1861, chap. 33, v. 12, p. 284 ; April 20,. 1871, chap. 22, § 2, v. 17, p. 13.] 14. [§ 5519.] If two or more persons in any State or Territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly,, any person or class of persons. of the equal protection of the laws, or of equal privileges and immunities under the laws ;,or for the- purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons* within such State or Territory the equal protection of the lawsj each of such persons shall be punished by a fine of not less than, five hundred nor more than five thousand dollars, or by imprison-; ment, with or without hard labor, not less than six months nor- more than six years, or by both such fine and imprisonment. [April 20, 1871, chap. 22, §2, v. 17, pp. 13, 14.] 15. [§ 5520.] If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any citizen who is lawfully entitled to vote from giving his support or advo- cacy, in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for president or vice-r president,' or as a member of the Congress of the United States ; '* or to injure any citizen in person or property on account of suck support or advocacy ; each of such persons shall be punished by a. fine of not less than five hundred nor more than five thousand dol- lars, or by imprisonment, with or without hard labor, not less than< Six months nor more than six years, or by both such fine and im- prisonment, [lb.] 16. [§ 5521.] If any person be appointed a supervisor of election 6r a special deputy marshal under the provisions of Title " Tha» ' See chap. 8. 'See chap. 10. CHAP 4.] CRIMES AQAINST ELECTIVE FKANCHISE, ETC. 39' Elective Franchise," and has taken the oath of oflBce as such super- visor of election or Such special deputy marshal, and thereafter neglects or refuses, without good and lawful excuse, to perform and discharge fully the duties, obligations, and requirements of such oflSce until the expiration of the term for which he was appointed,. be shall not only be subject to removal from oflBce with loss of all pay or emoluments, but shall be punished by imprisonment for not less than six months nor more than one year, or by a fine of not less than two hundred dollars and not more than five hundred dollars, or by both fine and imprisonment, and shall pay the costs of prosecution.! [Feb. 28, 1871, chap. 99, § 11, v. 16, p. 437.] 17. [§ 5522.] Every person, whether with or without any authority, power, or process, or pretended authority, power, or process, of any State, Territory, or municipality, who obstructs, hinders, assaults, or by bribery, solicitation, or otherwise, interferes- with or prevents the supervisors of elections, or either of them^ or the marshal or his general or special deputies, 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, in the execution of process or otherwise, or who by any of the means before mentioned hinders or prevents 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 jdoU 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 regis- tration or election or canvass of votes, or of making any returns or certificates thereof, may be had, or who molests, interferes with, removes, or ejects 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 who threatens, or attempts, or offers so to do, or who refuses or neglects to aid and assist any supervisor of election, or the marshal, or his general or special deputies, or either of them, in the performance of his or their duties, when required by him or them, or either of them, to give such aid and assistance, shall be liable to instant arrest with- out process, and shall be punished by imprisonment not more than two years, or by a fine of not more than three thousand dollars, or > See pars. 10-30, chap. 2, supra, and Ex parte SieboM, appendix. 40 V. 8. ELECTION AND NATURALIZATION LAWS. [CHAP. 4. by both such fine and imprisonment, and shall pay the cost of the prosecution.' [lb. § 10, p. 436.] 18. [§ 5523.] Every person who, during the progress of any verification of any list of persons who may have registered or voted, which is had or made under any of the provisions of title '■ The Elective Franchise," refuses to answer, or refrains from answering, or, answering, knowingly gives false information in . respect to any inquiry lawfully made, shall be punishable by im- prisonment for not more than thirty days, and by a fine of not more than one hundred dollars, or by both, and shall pay the costs of the prosecution." [lb.] 19. [§ 5528.] Every officer of the army or navy, or other person in the civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority and control, any troops or armed men at any place where a general or special elec- tion is held in any State, unless such force be necessary to repel armed enemies of the United States, or to keep peace at the polls, shall be fined not more than five thousand dollars, and sufier im- prisonment at hard labor not less than three months nor more than five years.' [Feb. 25, 1865, ch. 52, § 1, v. 13, p. 437.] 20. [§ 5529.] Every ofiScer or other person in the military or naval service, who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any gen- eral or special election in such State, shall be fined not more than five thousand dollars, and imprisoned at hard labor not more than five years.* [lb. § 2.] 21. [§ 5530.] Every officer of the army or navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of voters at any election in any State, shall be punished as provided in the preceding section.' [lb. § 1.] 22. [§ 5531.] Every officer or other person in the military or naval service who, by force, threat, intimidation, order, or other- wise, compels, or attempts to compel, any officer holding an elec- tion in any State to receive a vote from a person not legally quali- ' See pars. 15-19, 25, 26, chap. 2, supra; see note to par. 17, chap. 2, supra. 'See pars. 15-17, 25, chap. 2, supra. » See par. 1, chap. 2, supra. * See pars. 1, 2, chap. 2,- supra. * See par. 2, chap. 2, supra. '■CHAP. 4.] CRIMES AGAINST ELECTIVE FRANCHISE, ETC. 41 £ed to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section fifty-five hundred and twenty- nine.^ [lb- §2.] 23. [§ 5532.] Every person convicted of any of the offenses specified in the five preceding sections shall, in addition to the pun- ishments therein severally prescribed, be disqualified from holding any office of honor, profit, or trust under the United States ; but nothing in those sections shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified -according to the laws of the State in which he offers to vote. [lb. ^§ 1. 2-] * See pars. 1, 2, chap. 2, supra. U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 5. CHAPTER V. CITIZENSHIP.' [Title XXV., United States Eevised Statutes.] 1 Who are citizens. to incur the forfeitures of th» 2 Citizenship of children of citizens last section. born abroad. 7. Avoiding the draft. 3. Citizenship of married women. 8. Eight of expatriation declared. 4. Of persons born in Oregon. 9. Protection to naturalized citizens 5. Eights of citizens forfeited for in foreign States. desertion, etc. 10. Eelease of citizens imprisoned by 6. Certain soldiers and sailors not foreign governments to be de- manded. 1. [§ 1992.] All persons born in the United States and not sub- ject to any foreign power, excluding Indians not taxed, are de- clared to be citizens of the United States.' [9 April, 1866, ch. 31, § 1, V. 14, p. 27.] ' An American citizen may acquire, in a foreign country, the commercial privileges of a domicile ; and if he, by his own act, becomes a subject of the foreign power, he is thereby placed out of the protection of the United States while in the foreign country, although he may not thereby be protected from punishment for crimes committed against the United States. Murry v. Charm- ing Betsey, 2 Cranch, 120. « See note to par. 3, chap. 4; and notes to chap. 6. ' (a.) A citizen of the United States owes his first and highest allegiance to the general government, and to the State of which he may be a citizen. A citizen of one of the late insurgent States, who adhered to the cause of the United States, and retired within the federal lines, and remained there during the rebellion, continued to be a citizen of the United States, notwithstanding the secession and belligerency of his own State, and notwithstanding his pur- pose to return to that State after hostilities might cease. The Planters' Bank V. St. John, 1 Woods, 585. (6.) A child born in the United States, of alien parents, during its mother's temporary sojourn, is a native born citizen. Munro v. Merchant, 26 Barb. (N. T.), 383. (c.) By the common law a child born within the allegiance of the United States is born a subject thereof, without reference to the political status or con- dition of its parents. McKay v. Campbell, 2 Sawyer, 118. The Indian tribes within the territory of the United States are independent political cominunities, and a child of a member thereof, though born withiD CBAP. &.] CITIZENSHIP. 43 2. [§ 1993.] All children heretofore feorn or hereafter born out of the limits and jurisdiction of the United States, ■whose fathers- were or may be at the time of their birth citizens thereof, are de- clared to be citizens of the United States ;^ but the rights of citj- the limits of the United States, is not a citizen thereof, because not born sub- ject to its jurisdiction. lb. The laws bearing upon the citizenship of persons born in Oregon, between 1818 and 1846, explained and applied. lb. (d.) Domicile in a foreign country does not aflect the fact of citizenship, nor ■work a forfeiture of political rights. Brown v. U. S., 5 Ct. of 01. 571. (e.) The law presumes all persons who reside here to be citizens of the TJnited States, until the contrary appears. State v. Beackmo, 6 Blackf. (Ind.) 488. (/.) When citizenship presumed. Lasportas v. DelaMotta, 10 Eich. (S. O.) Eq. 38; Nalle v. Fenwick, 4 Kand. (Va.) 585; Blight „. Kochester, 7 Wheat.. 635. (g.) As to status of residents before and during the Eevolutionary War. Inglis V. Sailor's Snug Harbor, 3 Pet. 99 ; Shanks v. Dupont, lb. 242 ; Blight b. Bochester, 7 Wheat. 544; Mcllvaine v. Coxe, 4 Cranch, 209; Calais v. Marsh- fleld, 30 Me. 511. {h.) As to residents of Louisiana before cession to United States. Ke Har- rold, 1 Penn. Law Jour. 214. (i.) When a Territory is conquered, only the allegiance of the people is changed; their relation to each other and their rights of person and property remain undisturbed. Leitensdorfer v. Webb, 20 How. 176; U. S. o. Perche- man, 7 Peters, 51 ; Tobin v. Walkinshaw, McAll. 186. See note to par. 3, chap. 4, supra. ' (a.) By virtue of the act of February 10, 1855, chap. 71, although a person "was born out of the jurisdiction of the United States, he is a citizen thereof, if at the time of his birtl^, his father was a citizen of the United States. Old- ham y. Bangor, 58 Me. 353. (6.) The citizenship of the child is determined by that of the father ; and, though the latter reside in another country, the child will be a citizen of this, if the father has not forfeited or surrendered his allegiance thereto. State o^ Adams, 45 Iowa, 99. (c.) An individual whose father appears to have been a resident in this country, and to have married and had children born here; is presumed to be a citizen, although he himself was born subsequently to his father's removal to a. fbreign countrj', there being nothing else to show his father to have been an alien. Campbell v. Wallace, 12 Ni H. 362. (d.) Where a father has been a citizen of the United States, his son is enti- tled to the privileges of citizenship, though born without the limits of the- United States. Davis v. Hall, 1 Nott. & M. (S. C), 292. Otherwise where the mother is a citizen, and the father an alien. lb. f«:) Under the acts of Congress, children born abroad, not only of citizens- by birth, but also naturalized citizens, are citizens of the United States. Las- poct»s V. De La Motta, 10 Kich. (S. C.) Eq. 88. , 44 U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 5.,) izenship shall not descend to children whose fathers never resided in the United States. [14 April, 1802, ch. 28, § 4, v. 2, p. 155 ; 10. Feb., 1855, ch. 71, § 1, v. 10, p. 604.] 3. [§ 1994.] Any woman who is now or may hereafter be mar-, ried to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen.* [10 Feb., 1855, ch., 71, § 2, V. 10, p. 604.] (/.) Under the New York Statute, 1778, abrogating all statutes of England •on this subject, and, under the laws of the United States, the citizenship of all, -children of Americans born abroad, between 1802 and 1855, depends exclus- ively upon the dormant principles of the common law. Ludlam v. Ludlam, 81: Barb. 486. The universal maxim of the common law, being partus seguitur patrem, it is sufficient for the application of this doctrine, that the father should be a ^subject, lawfully and without breach of his allegiance beyond sea, no matter what may be the condition of the mother. In accordance with the above principle: Held, That the defendant, the son of an American citizen by an ;alien mother, born in a foreign country, while his father was temporarily resi- ■dent there, was a citizen of the United States, and entitled to inherit here. The greater or less duration of the father's residence abroad was not material, so long as it was, in Intention and in fact, temporary and not perpetual. lb. (g.) One who was born in Canada of parents of African blood, born in Vir-. ginia, and held there as slaves until they emigrated to Canada, does not, by re- moving to the United States, become a citizen. The case of such a person is not covered either by the fourteenth and fifteenth amendments, or by the act •of April 14, 1802. Hedgman v. B'd Registration of Detroit, 26 Mich. 51. i(o.) The act of Congress, of February 10, 1855, which declares "that any woman, who might lawfully be naturalized under the existing laws, married, -or who shall be married, to a citizen of the United States, shall be deemed and -taken to be a citizen,'' confers the privileges of citizenship upon women mar- ried to citizens of the United States, if they are of the class of persons for whose naturalization the previous acts of Congress provide. The terms, "married," or "who shall be married," in the act, do not refer to the time when the ceremony of marriage is celebrated, but to a state of mar. riage. They mean that whenever a woman, who, under previous acts, might be naturalized, is in a state of marriage to a citizen, she becomes, by that fact, A citizen also. His citizenship, whenever it exists, confers citizenship upon her. The object of the act was to allow the citizenship of the wife to follow that X)f her husband, without the'necessity of any application for naturalization on her part. Tho terms, " who might lawfully be naturalized under the existing laws," «nly limit the application of the law to free white women, Kelly v. Owen, 7 Wall. 496. (b.) The alien widow of a naturalized citizen of the United States, although rshe never resided within the United States during the lifetime of her husband. CHAP. 5.] CITIZENSHIP. 4& 4. [§1995.] All persons born in the district of country formerly known as the Territory of Oregon,' and subject to the jurisdiction of the United States on the 18th of May, 1872, are citizens in the same manner as if born elsewhere in the United States. [18 May, 1872, ch. 172, § 3, v. 17, p. 134.] 5. [§ 1996.] All persons who deserted the military or naval ser- vice of the United States, and did not return thereto or report- themselves to a provost-marshal within sixty days after the issu- ance of the proclamation by the president, dated the 11th day of March, 1865, are deemed to have voluntarily relinqijished and for- feited their rights of citizenship, as well as their right to become- citizens ; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercis- ing any rights of citizens thereof' [3 Mar., 1865, ch. 79, § 21, V. 13, p. 490.] 6. [§1997.] No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained, quit his com- mand or refused to serve after that date, shall be held to be a de- serter from the army or navy ; but this section shall be construed solely as a removal of any disability such soldier or sailor may is a citizen of the United States. Burton v. Burton, 38 N. T. (1 Keyes) 359 ; Kane v. McCarthy, 63 N. C. 299. (c.) An alien woman -who has intermarried with a citizen of the United States, residing abroad — the marriage having been solemnized abroad, and the parties after the marriage continuing to reside abroad — is to be regarded as a citizen of the United States, within the meaning of the act of February 10, 1855, § 2, though she may pever have resided in the United States. 14 Op. Att'y Gen. 402. 'See last part of par. (c) of note to par. 1, this chap. ' (a.) The provision of the act of Congress of 1866, chap. 79, g 21, which de- prives deserters from the military service of the United States of the rights of citizens thereof, only applies to those duly convicted as deserters by a court of competent jurisdiction ; and if it authorizes the rejection of the v.ote of a person thus convicted, it can only be upon proof, by duly authenticated record of the conviction. He can not be required to answer any questions in reference there- to. Goetscheus v. Matthewson, 61 N. T. 420, reversing s. c. 5 Lans. 214. See a. e. 58 Barb. 152 ; 40 How. (N. T.) Pr. 97. (J.) An act of Congress (3 March, 1865, g 21), providing that, in addition to other penalties for desertion from the military or naval service of the United States, there shall also be a forfeiture of the rights of citizenship is constitu- tional. It is not an ex post facto law; neither is it a bill of attainder, for the reason that it contemplates a trial by a court martial to enforce this pen- alty, together with the other penalties for desertion. Goetscheus v. Matthew- son, 58 Barb. (N. Y.), 152; 40 How. (N. T.) Pr. 97. See a. c. 61 N. T. 420. 46 U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 6*. have incurred, under the preceding section, by the loss of citizen- ship and the right to hold office in consequence of his desertion. fl9 July, 1867, chap. 28, v. 15, p. 14.] 7. [§ 1998.] Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteeea hundred and ninety-six. [3 Mar., 1865, chap. 79, § 21, v. 13, p. 490.] 8. [§ 1999.] "Whereas, the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness ; and whereas, in the recognition of this principle this government has freely re- ceived emigrants from all nations, and invested them with the rights of citizenship ; and whereas, it is claimed that such Amer- ican citizens, with their descendants, are subjects of foreign States, owing allegiance to the governments thereof; and whereas, it is necessary to the maintenance of public peace that this claim of for- eign allegiance should be promptly and finally disavowed : There- fore, any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the republic.^ [27- July, 1868, chap- 249, § 1, V. 15, p. 223.] ^ (a.) In this country, expatriation is conceded to be a fundamental right. As far as the principles maintained and the practice adopted by the govern- ment of the United States are evidence of its existence, it is fully recognized. It is constantly exercised, and has never in any way been restrained. The general evidence of expatriation is actual emigration, with other concurrent Acts showing a determination and intention to transfer allegiance. Stoughton V. Taylor, 2 Paine, 655, 661. (i.) Proof that a person appointed consul to a foreign port declared before he left this country that he intended to resign his consulate and settle in the foreign country, is not sufficient evidence of expatriation. Wooldridge v. Wilkins, 3 How. (Miss.) 360. (c.) Eemoval from the country and residence under another government for a period of years does not deprive one of his citizenship in this country. Nor does involuntary military service in a foreign army by a citizen of this coun- try, and the acceptance of a bounty therefor, have the effect to deprive him ■of his citizenship. State v. Adams, 45 Iowa, 99. (d.) Even if an American citizen can, without any legislative act to this effect, throw off hia allegiance to liis native country, it is perfectly clear that CHAP. 5.] CITIZENSHIP, 47 9. [§ 2000.] All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this government the same protection of persons and property which is accorded to native-born citizens. [27 July, 1868, chap. 249, § 2, V. 15, p. 224.] 10. [§ 2001.] "Whenever it is made known to the president that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the president forthwith to demand of that government the reasons of such imprisonment ; and if it appears to be wrongful and in violation of the rights of American citizen- ship, the president shall forthwith demand the release of such cit- izen, and if the release so demanded is unreasonably delayed or refused, the president shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or eflfec- tuate the release ; and all the facts and proceedings relative thereto shall, as soon as practicable, be communicated by the president to Congress. [lb. § 3.] this can not be done without a bona fide change of domicile. Santissima Trin- idad, 7 Wheat. 283, 347, 348; Fish v. Stoughton, 2 Johns. (N. T.) Cas. 407. (e.) Becoming an adopted citizen of a foreign government does not work a forfeiture of any rights vested in one by law, while a citizen of the United States, though he afterward leaves this country, and takes an oath of allegiance to foreign government with intent and effect to expatriate himself. Wynn V. Morris, 16 Ark. 414, 486. (/.) The right of a citizen of the United States to renounce his citizenship, what acts of his will indicate his exercise of the right of expatriation, effect of such acts upon the citizenship of his children born abroad, and the obliga- tions of the government toward citizens domiciled in foreign countries, who. apparently have no intention of returning — considered. Expatriation, 14 Op. Att'y Gen. 295. (^r.) The general doctrine is, that no person can, by any act of his own, with- out the consent of the government, put off his allegiance and become an alien. Shanks v. Dupont, 3 Pet. 246. (A.) The right of expatriation. Inglis v. Sailors, etc., 3 Pet. 99; Murray ». Schooner, 2 Cranch, 120; Bessell v. Briggs, 9 Mass. 461; Jackson v. Burns, 8 Binn. (Penn.) 85. (i.) Further as to what will be sufficient evidence of expatriation. The Venus, 8 Cranch, 279; White v. Burnley, 20 How. 235; The Frances, 8 Cranch, 235 ; Blown v. XS. S., 5 Ct. of CL 671. 48 V. 8. ELECTION AND NATUBALIZATION LAWS. [CHAP. 6» CHAPTER VI. NATUEALIZATIOJf.' [Title XXX, United States Bevised Statutes.] 1-8. Aliens, how naturalized. 14. Alien enemies not admitted. 9. Aliens honorably discharged from 15. Children of persons naturalized the military service. under certain laws to be citi- 10. Minor residents. zens. 11. Widow and children of declar- 16. Police Court of District of Co- ants, lumbia has no power to natu- 12. Aliens of African nativity and ralize foreigners. descent. 17. Naturalization of seamen. 13. Eesidence of five years in United ' States. 1. [§ 2165.] An alien may be admitted to become ' a citizen of the United States in the following manner, and not otherwise: 2. First. He shall declare on oath,' before a Circuit or ' For the provision of the Constitution giving Congress power to legislate oa this subject, see par. 25, chap. 1. For Crimes, see chap. 7. (a.) The power of naturalization is exclusively in Congress. Chirac v. Chirac, 2 "Wheat. 259 ; see Thurlow v. Massachusetts, 5 How. 585, 586 ; Collett •». Collett, 2 Ball. 294 ; Weaver v. Fegely, 29 Penn. St. 27 ; Lynch v. Clarke, 1 lSand(N.y.), Ch. 583. (6.) A naturalized citizen becomes a member of society, possessing all the-' rights of a native citizen, and standing, in view of the Constitution, on the foot- ing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the national legislature is, to pre- scribe a uniform rule of naturalization, and the exercise of this power exhausts it, so far as respects the individual. He is distinguishable in nothing from a. native citizen, except so far as the Constitution makes the distinction. Argu- endo. Osborne v. U. S. Bank, 9 Wheat. 827, 828. (c.) Naturalization is a judicial act ; for it is a cause to be heard and decided on evidence, and involves a question of legal right. Eump v. Commonwealth, 30 Penn. St. 475; Ex parte Knowles, 5 Cal. 300; Ee Clark, 18 Barb. (N. Y.) 444. {d.) The various acts upon the subject of naturalization submit the decision on the right of aliens to admission as citizens to courts of record. They are to receive testimony, to compare it with the law, and to judge on both law and fact. The judgment, if entered on record In legal form, closes all inquiry as to the testimony on which it has been pronounced, and, like every other judg' 'Where there is no proof that an alien has become a citizen, his original citi- zenship is presumed to continue. The Eeporter, vol. IX., page 265. '" Oath" includes an affirmation. United States Bevised Statutes, § 1 CHAP. 6.] NATURALIZATION. 49 District Court of the United States, or a district or Bupreme court of the Territories, or a court of record of any of the States having ment, is complete evidence of its own validity. Spratt v. Spratt, 4 Pet. 393, 407, 408. (e.) The order of a court of competent jurisdiction, admitting an alien to citizenship, is in the nature of a judgment, and, in the absence of fraud, is con- elusive as to the question of the requisite length of residence of the naturalized citizen of the United States. The Aoorn, 2 Abbott, U. S., 434. (/.) A record of naturalization, made by a court of competent jurisdiction, can not be impeached in a collateral proceeding, by showing by parol that the preliminary steps required by law had not in fact been taken. People v. Mc- Gowan, 77 111. 644; S. P. Scott v. Strobaeh, 13 Am. Law Keg. (N. S.) 461; State V. Penney, 10 Ark. 621. See also Commonwealth v. Leary, 1 Brews. 270. {g.) On a question of title, the court may inquire into the regularity of alien's proceeding in obtaining a certificate of citizenship. Vaux v. Nesbitt, 1 Mc- Cord (S. C.) Ch. 370. (A.) Under the naturalization act of January 29, 1795 (1 Statutes at Large, 414), the administration of the oath of allegiance amounts to a judgment of the court for the admission of the applicant to the rights of a citizen, and implies that all prerequisites had been complied with. Campbell v. Gordon, 6 Cranch. 176; S.P. Towles' case, 5 Leigh (Va.), 743. (1) The judgment of a court of competent jurisdiction, admitting an alien to be a citizen, need not find the facts requisite by law to entitle the applicant to Tae so admitted. Stark ».The Chesapeake Ins. Co., 7 Cranch, 420; S. P. Ritchie V. Putnam, 13 Wend. (N. T.), 524; McDaniel v. Eichards, 1 McCord (S. C), 187; Banks v. Walker, 3 Barb. Ch. 438; McCarthy v. Marsh, 5 N. Y. 263. (j.) It is competent for a district court of a state to amend nunc pro time the record of naturalization proceedings had therein, so as to correct an error of the clerk and make the record conform to the truth. As the court had, under the laws of the United States, jurisdiction of the subject-matter, and as it affirma- tively appears upon the face of the record that it had jurisdiction of the party, it imports absolute verity, and can not be questioned in a collateral proceeding. State ex rel. Brown v. McDonald (Sup. Court of Mich.), 1 N. W. Reporter, 133 ; 5 Cent. Law Jour. 227, 228. (k.) State courts, in admitting aliens to citizenship under the naturalization la.ws, act as United States courts. The act of admission is in the nature of a judgment, of which the preliminary proofs, judges allocatur, and oath of allegi- ance, duly filed, are the record. Entry in a book is not necessary ; and the omission to enter, or defect in entering the admission in the minute-book, may be cured nunc pro tunc. Ee Christern, 43 N. Y. Superior Ct. 623. ( I.) Acts of Congress prescribing naturalization proceedings, reserved and explained at length, with special reference to whether voting on a certificate of naturalization, which was completely and duly made, but was defectively re- corded, constitutes an unlawful and punishable use of the certificate. lb. (to.) By being naturalized, an alien becomes instantly a citizen of the United States, and of the State, and as such has a right to yote for county officers at 4 60 V. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 6. ■corainon-law jurisdiction and a seal and clerk,* two years, at least,' iprior to his admission, that it is bona fide his intention to become a any election at which such oflScers are to be chosen, occurring after his natural- ization, if he has the necessary qualifications as to residence, in the State and county. Wood v. Fitzgerald, 3 Oregon, 568; Morgan v. Dudley, 18 B. Mon. 693; Anon.,] Brews. 158. (».) A certificate of naturalization in these words, namely: I, A. B., clerk, etc., hereby certify that at a superior court held at Savannah, etc., before X. T., judge, etc., on a certain day, C. D., an alien, petitioned the court to be admitted a citizen, and, having in all things complied with the law in such cases, etc., the said 0. D. was accordingly admitted a citizen of the United States, having first taken and subscribed in open court the oath of naturalization. Given under my hand and seal of the said court, etc. : Held, To be insufBcient to show that C. D. was naturalized. Miller v. Beinhart, 18 Ga. 239. (o.) A rule to vacate a decree of naturalization will not be granted at the instance of a private citizen in the courts of Pennsylvania. The attorney- general must be a party. State v. Paper, 1 Brews. (Penn.) 263. The seal of the court is conclusive as to the naturalization, unless the certifi- cate has been obtained by falsehood or fraud. lb. ; also, 2 lb. 130. (p.) One who has been improperly naturalized may surrender his certificate and present a new petition. State v. Paper, 1 Brews. (Ponn.) 263. {g.) A State can not make a subject of a foreign government a citizen of the United States. This can only be done by the naturalization laws of Congress. Lanz V. Randall, 4 Dill. 425; Ee Wehlitz, 16 Wis. 443. See note, par (/.), p. 7. {r) The naturalization act of April 14, 1802, did not require the time of ar- rival in the United States to be proved by the certificate of the report of the alien to a court ; other evidence thereof was admissible, and the decree of nat- uralization was not required to notice the certificate. The act of March 22, 1816, which requires the certificate to be recited in the decree, is not in explana- tion, but in alteration, of the law of 1802. Spratt v. Spratt, 4 Peters, 393. (s.) Naturalization relates back, and corifirms the title to land purchased during alienage. Sutliflf v. Porgey, 1 Cow. (N. T.) 89. (t) But it does not retrospectively confirm a title claimed by descent. Vaui V. Nesbitt, 1 McCord (S. C.) 370; Heney v. Brooklyn Ben. So., 39 N. Y. 333. (m.) In what cases naturalization confers upon aliens the right to sue in the Court of Claims, notwithstanding the disability imposed by act of July 27,' 1868, determined. 4 Court of Claims, 395 ; lb. 471 ; lb. 529. {v.) The States may prohibit their courts from naturalizing aliens. Stephens* case, 4 Gray, 559; Bgavin's case, 33 N. H. 89. See also note 1, p. 57 ; last note, p. 159 ; and notes to chap. 5. 1 (a.) Or before a clerk of any of the courts named in this section. Sea p. 55. (4.) The courts authorized by the act of Congress to admit aliens to citizen- ship need not possess general common law jurisdiction over all classes of actions, but must be courts of record for all purposes, possessing powers inci- dent to such courts, with common-law jurisdiction over all subjects upon which they have authority to adjudicate, and must exercise their powers according ta the course of the common law. People v. McGowan, 77 111. 644. •CHAP. 6.] NATURALIZATION. ' 51 -citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, .and particularly, by name, to the prince, potentate, state, or sov- ereignty of which the alien may be at the time a citizen.or subject.^ r[April 14, 1802, chap. 28, §§ 1, 3, v. 2, pp. 153, 155 ; May 26, 1824, CHAP. 7.] CRIMES RELATING TO NATURALIZATION. 61 2. [§ 5424.] Every person applying to be admitted a citizen, or appearing as a witness for any such person, who knowingly per- sonates any other person than himself, or falsely appears in the name of a deceased person, or in an assumed or fictitious name, or falsely makes, forges, or counterfeits any oath, notice, aflBdavit, certificate, order, record, signature, or other instrument, paper, or proceeding required or authorized by any law relating to or pro- viding for the naturalization of aliens ; or who utters, sells, dis- poses of, or uses as true or genuine, or for any unlawful purpose, any false, forged, ante-dated, or counterfeit oath, notice, certificate, order, record, signature, instrument, paper, or proceeding above specified ; or sells or disposes of to any person other than the per- son for whom it was originally issued, any certificate of citizen- ship, or certificate showing any person to be admitted a citizen, shall be punished by imprisonment at hard labor not less than one year, nor more than five years, or by a fine of not less than three hundred nor more than one thousand dollars, or by both such fine and imprisonment.^ [14 July, 1870, chap. 254, § 2, v. 16, p. 254.] tive to an application for naturalization thereafter to be made to the police court of N., and that the affiant, at the time of making the affidavit, was sworn as a witness in support of said application, is sufficient ; and it is unnecessary to aver that such application was afterward made, or that the affidavit was used. At the time when affidavits made out of court were universally received in courts of this State upon the hearing of applications for naturalization, the- making of the false affidavit to be used on such a hearing constituted the crime- of perjury. State v. Whittemore, 50 N. H. 245. (c.) Perjury committed in a state court, relative to an application for natur- alization under the laws of the United States, is indictable in the courts of the- State as an offense against the State. That it may also be an offense against the Federal Government is no objection to the jurisdiction. If two relations are violated by the same act, each must have its remedy. State v. Whittemore, SON. H. 245; Eump v. Commonwealth, 30 Penn. St. 475. Contra: People ». Sweetman, 3 Parker's Crim. Law, 858. ^ See chap. 6, supra. When there are two acts of Congress on the same subject, and the latter act embraces all the provisions of the first, and also new provisions, and imposes different or additional penalties, the latter act operates, without any repealing clause, as a repeal of the first. Accordingly, the thirteenth section of the act of Congress of 1813, " for the regulation of seamen on board the public and private vessels of the United iStates," which defined certain offenses against the naturalization laws, and pre- scribed their punishment, was held to be repealed by the act of Congress of I87O, "to amend the naturalization laws, and to punish crimes against the same, and for other purposes," which declared not only that the several acts- i62 U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 7^ 3. [§ 5425.] Every person who uses, or attempts to use, or aids, or assists, or participates in the use of any certificate of citizenship^ knowing the same to be forged, or counterfeit, or ante-dated, or knowing the same to have been procured by fraud, or otherwise unlawfully obtained ; or who, without lawful excuse, knowingly is possessed of any false, forged, ante-dated, or counterfeit certificate •of citizenship purporting to have issued under the provisions of :any law of the United States relating to naturalization, knowing such certificate to be false, forged, ante-dated, or counterfeit, with intent unlawfully to use the same ; or obtains, accepts, or receives .any certificate of 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 certificate, or known to such person to be fraudulently altered or ante-dated ; and every person who has been or may be admitted to be a citizen who, on oath or by af- -fidavit, knowingly denies that he has been so admitted, with intent to evade or avoid any duty or liability imposed or required by law, shall be imprisoned at hard labor not less than one year nor more than five years, or be fined not less than three hundred dol- lars nor more than one thousand dollars, or both such punishments may be imposed.' [lb.] 4. [§ 5426.] Every person who in any manner uses for the pur- pose of registering as a voter, or as evidence of a right to vote, or -otherwise, unlawfully, any order, certificate of citizenship, or cer- tificate, judgment, or exemplification, showing any person to be admitted to be a citizen, whether heretofore or hereafter issued or made, knowing that such order, or certificate, judgment, or exem- plification has been unlawfully issued or made ; and every person who unlawfully uses, or attempts to use, any such order or certifi- .mentioned in the thirteenth section of the act of 1813 should constitute a fel- ony, but that, also, a great number of other acts of a fraudulent character, In connection with the naturalization of aliens, should constitute a similar offense, jind made the infliction of a larger punishment for each offense discretionary with the court. By the repeal of an act, without any reservation of its penalties, all criminal vprooeedings taken under it fall. There can be no legal conviction, nor any valid judgment pronounced upon conviction, unless the law creating the offense be, -at the time, in existence. U. S. v. Tynen, 11 Wall. 88. ' See chap. 6, supra. See note to preceding paragraph. See note, par. {I), to chap. 6, " Naturalization," Be Christern, 48 N. Y« Superior Ct., 628, supra, page 49. «HAP. 7.] ■ CRIMES RELATING TO NATURALIZATION, 63: «ate, issued to or in the name of any other person, or in a fictitious name, or the name of a deceased person, shall be punished by im- prisonment at hard labor not less than one year nor more than five years, or by a fine of not less than three hundred nor more than one thousand dollars, or by both such fine and imprisonment.' [Ib.J 5. [§ 5427.] Every person who knowingly and intentionally aids or abets any person in the commission of any felony denounced in the three preceding sections, or attempts to do any act therein made felony, or counsels, advises, or procures, or attempts to pro- cure, the commission thereof, shall be punished in the same manner and to the same extent as the principal party. [lb.] 6. [§ 5428.] Every person who knowingly uses any certificate of naturalization heretofore granted by any court or hereafter granted, which has been or may be procured through fraud or by false evidence, or has been or may be issued hy the clerk, or any other oflScer of the court, without any ap;^earance and hearing of the applicant in court, and without lawful authority ; and every person who falsely represents himself to be a citizen of the United States, without having been duly admitted to citizenship, for any fraudulent purpose whatever, shall be punishable by a fine of not more than one thousand dollars, or be imprisoned not more than two years, or both.' [lb., § 3, p. 255.] 7. [§ 5429.] The provisions of the five preceding sections shall apply to all proceedings had or taken, or attempted to be had or taken, before any court in which any proceeding for naturalization may fie commenced or attempted to be commenced.' [lb., § 4.] ' See chap. 6, supra. See note to par. 2, this chap., supra. B. registered as a voter, on the production of a certificate of his naturalizar tion, which had been issued by a state court without his presence in court, and without any oath having been talcen by him. The certificate was regular on its face. On an indictment against B., under section 5426 of the revised stat- utes, for using, for the purpose of registering as a voter, a naturalization cer- tificate, knowing the same to have been unlawfully issued: Held, That the mere fact that B. knew that the certificate had been issued without his presence in court, and without any oath being taken by him, was not sufficient to war- rant a conviction. U. S. v. Burley, 14 Blatch. 91. See note par. {I) to chap. 6, " Naturalization," au^a. » See chap. 6, supra, 'See chap. 6, supra. 64 IT. S. ELECTION AND NATURALIZATION LAWS. [OHAP. 8. CHAPTER VIII. PEESIDENTIAL ELECTIONS.' [Chapter I, Title III, United States Revised Statutes.] 1. Time of appointing electors. 13. Provisions for absence of presi- 2. Number of electors. dent of senate. 3. Vacancies in electoral college. 14. Mileage of messengers. 4. Failure to make a choice on the 15. Forfeiture for messenger's neglect appointed day. of duty. 6. Meeting of electoral college. 16. Vacancy in both offices. 6. List of names of electors to be 17. Notification of vacancies to bo- furnished to them. published. 7. Manner of voting. 18. Requisites of notification. 8. Certificates to be made and signed. 19. Time of holding election to fill 9. Certificates to be sealed and in- vacancy. dorsed. 20. Regulations for quadrennial elec- 10. Transmission of certificates. tion made applicable to eleo- 11. When secretary of state shall tion to fill vacancies. send for district judge's list. 21. Resignation or refusal of office. 12. Counting the electoral votes in Congress. 1. [§ 131.] Except in case of a presidential election prior to the- ordinary period, as specified in sections one hundred and -forty- seven to one hundred and forty-nine, inclusive, when the ofiSces of president and vice-president both become vacant, the electors of president and vice-president shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a president and vice-pres- ident.^ [1 Mar., 1792, chap. 8, § 1, v. 1, p. 239 ; 23 Jan., 1845, chap. 1, V. 6, p. 721. J 2. [§ 132.] The number of electors shall be equal to the Bum- ber of senators and representatives to which the several States are * Conspiring to prevent support of presidential elector, see par. 15, chap. 4. See note to chapter 10, on Congressional elections, for act of June 30, 1876, declaring that there shall be no increase of the force at any navy yard -within sixty days of a presidential or congressional election, except, etc. See South Carolina Returning Board Habeas Corpus case, Ex parte Hayne^ 4 Cent. Law Jour. 72, note to chap. 8, supra. See pars. 11-18, 20. 21. chap. 1. °See par. 13, chap. 1. CHAP. S.J PRESIDENTIAI, ELECTIONS. 65 by law entitled at the time when the president and vice-president to be chosen come into office ; except that, where no apportion- ment of representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be ac- cording to the then existing apportionment of senators and repre- sentatives. [1 Mar., 1792, chap. 8, § 1, v. 1, p. 239.] 3. [§ 133.] Each State may, by law, provide for the filling of any vacancy which may occur in its college of electors, when such college meets to give its electoral vote. [23 January, 1845, chap. 1, V. 5, p. 721.] 4. [§ 134.] Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subse- quent day, in such manner as the legislature of such State may di- rect, [lb.] 5. [§ 135.] The electors for each State shall meet and give their votes upon the first Wednesday in December, in the year in which they are appointed, at such place, in each State, as the legislature of such State shall direct. [1 March, 1792, chap. 8, § 2, v. 1, p. 239.] 6. [§ 136.] It shall be the duty of the executive of each State to cause three lists of the names of the electors of such State to be made and certified, and to be delivered to the electors on or befor© the day on which they are required, by the preceding section, to meet. [lb., § 3, p. 240.] 7. [§ 137.] The electors shall vote for president and vice-presi- dent, respectively, in the manner directed by the Constitution.' [26 March, 1804, chap. 50, § 1, v. 2, p. 295.] 8. [§ 138.] The electors shall make and sign three certificates of all the votes given by them, each of wh'ich certificates shall con- tain two distinct lists, one of the votes for president, and the other of the votes for vice-president, and shall annex to each of the cer- tificates one of the lists of electors which shall have been furnished to them by direction of the executive of the State. [1 March, 1792, chap. 8, §§ 2, 3, v. 1, p. 239 ; 26 March, 1804, chap. 50, § 1, V. 2, p. 295.] 9. [§ 139.] The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such State given for president, and of all the votes given for vice- president, are contained therein. [lb., § 2. lb.] 'See par. 16, chap 1. 5 66 U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 8. 10. [§ 140.] Tho electors shall dispose of the certificates thus made by them in the following manner : One. Thej' shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of .and deliver to the president of the Senate, at the seat of govern- ment, before the first Wednesday in January, then next ensuing, •one of the certificates. Two. They shall forthwith forward by the post-oflSce to the pres- ident of the Senate, at the seat of government, one other of the certificates. Three. They shall forthwith cause the other of the certificates- to be delivered- to the judge of that district in which the electors shall assemble. [lb., lb.] 11. [§ 141.] Whenever a certificate of votes from any State has not been received at the seat of government on the first Wednes- day of January, indicated by the preceding section, the secretary of state shall send a special messenger to the district judge in whose custody one certificate of the votes from that State has been lodged, and such judge shall forthwith transmit that list to the seat of government. [1 Mar., 1792, chap. 8, § 4, v. 1, p. 240.] 12. [§ 142.] Congress shall be in session on the second Wednes- day in Februaiy succeeding every meeting of the electors, and the certificates, or so many of them as have been received, shall then be opened, the votes counted, and the persons to fill the oflBces of president and vice-president ascertained and declared, agreeable to the Constitution.^ [lb., § 5.] 13. [§ 143.] In case there shall be no president of the Senate at the seat of government on the arrival of the persons intrusted with the certificates of the votes of the electors, then such persons shall deliver such certificates into the oflSce of the secretary of fitate, to be safely kept and delivered over as soon as may be to the president of the Senate. [lb., § 6.] 14. [§ 144.] Bach of the persons appointed by the electors to deliver the certificates of votes to the president of the Senate shall be allowed, on the delivery of the list intrusted to him, twenty -five cents for every mile of the estimated distance, by the most usual road, fi'om the place of meeting of the electors to the seat of gov- ernment of ihe United States. [lb., § 7.] 15. [§ 145.] Every person who, having been appointed, pursu- ant to subdivision one of section one hundred and forty or to sec- tion one hundred and forty-one. to deliver the certificates of the ' See par. 16, chap. 1. "CHAP. 8.] PRESIDENTIAL ELECTIONS. 67 votes of the electors to the president of the Senate, and having ac- -cepted such appointment, shall neglect to perform the services re- quired from him, shall forfeit the sum of one thousand dollars, .[lb, § 8.] 16. [§ 146.] In case of removal, death, resignation, or inability of both the president and vice-president of the United States, the president of the Senate, or, if there is none, then the speaker of the House of Eepresentatives, for the time being, shall act as presi- ^dent until the disability is removed or a president elected.* [lb., §9-] 17. [§ 147.] Whenever the offices of president and vice-presi- dent both become vacant, the secretary of state shall, forthwith, cause a notificatioa thereof to be made to the executive of every State, and shall also cause the same to be published in at least one of the newspapers printed in each State.^ [lb., § 10.] 18. [§ 148.] The notification shall specify that electors of a president and vice-president of the United States shall be ap- pointed or chosen in the several States, as follows : First. If there shall be the space of two months yet to ensue be- tween the date of such notification and the first Wednesday in De- cember, then next ensuing, such notification shall specify that the electors shall be appointed or chosen within thirty-four days pre- ceding such first Wednesday in December. Second. If there shall not be the space of two months between the date of such notification and such first Wednesday in December, and if the term for which the president and vice-president last in oflSce were elected, will not expire on the third day of March, next •ensuing, the notification shall specify that the electors shall be ap- pointed or chosen within thirty-four days preceding the first Wednesday in December, in the year next ensuing. But if there shall not be the space of two months between the date of such noti- fication and the first Wednesday in December then next ensuing, and if the term for which the president and vice-president last in oflfice were elected will expire on the third day of March, next en- suing, the notification shall not specify that electors are to be ap- pointed or chosen. [lb., § 10.] 19. [§ 149.] Electors appointed or chosen upon the notification prescribed by the preceding section shall meet and give their votes upon the first Wednesday of December specified in the notifica- tion. [Ib.J iSoe par. 15, chap. 1. 'lb. 68 V. S. ELECTION AND NATURALIZATION LAWS. [CHAP, 8^ 20. [§ 150.] The provisions of this title, relating to the quad- rennial election of president and vice-president, shall apply with resi>ect to any election to fill vacancies In the ofBces of president, and vice-president, held upon a notification given when both offices become vacant. [Ib.J 21. [.§ 151.] The only evidence of a refusal to accept, or of a resignation of the office of president or vice-president, shall be an instrument in writing, declaring the same, and subscribed by the- person refusing to accept or resigning, as the case may be, and de- livered into the office of the secretary of state. [lb., § 11.] OHAP. 9.] ELECTION OE SENATORS. 69 CHAPTER IX. ELECTION OF SBNATOES.i [From Chapter I, Title II, United States Eevised Statutes.] 1. When senators elected. 4. Vacancy during session of legiB- 2. Mode of election. lature. •3. Vacancy occurring before meeting 5. Election of senators certified. , of legislature. 6. Countersigning of certificate. 1. [§ 14.] The legislature of each State which is chosen next 3)receding the expiration of the time for which any senator was elected to represent such State in Congresss shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in Congress.' [25 July, 1866, chap. 245, § 1, v. 14, p. 243.] 2. [§ 15.] Such election shall be conducted in the following man- ner : Bach house shall openly, by a viva voce vote of each member present, name one person for senator in Congress from such State, and the name of the person so voted for, who receives a majority of the whole number of votes cast in each House, shall be entered ■on the journal of that House, by the clei-k or secretary thereof; or if either House fails to give such majority to any person on that day, the fact shall be entered on the journal. At twelve o'clock meridian of the day following that on which proceedings are re- quired to take place , as aforesaid, the members of the two Houses shall convene in joint assembly, and the journal of each House shall then be read, and if the same person has received a majority of all the votes in each house, he shall be declared duly elected senator. But if the same person has not received a majority of the votes in each house, or if either bouse has failed to take pro- ceedings as required by this section, the joint assembly shall then proceed to choose, by viva voce vote of each member present, a per- son for senator, and the person who receives a majority of all the votes of the joint assembly, a majority of all the members elected (to both Houses being present and voting, shall be declared duly > See, for constitutional provisions, pars. 5-10, 21, chap. 1. ' See par 8, chap. 1. VO U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 9l. elected. If no person receives such majority on the first day, the- joint assembly shall meet at twelve o'clock meridian of each suc- ceeding day during the session of the legislature, and shall take at least one vote, until a senator is elected.* [lb.] 3. [§ 16.] Whenever, on the meeting of the legislature of any State, a vacancy exists in the representation of such State in the- senate, the legislature shall proceed, on the second Tuesday after meeting and organization, to elect a person to fill such vacancy, in the manner prescribed in the preceding section for the election of a senator for a full term.* [I^-] 4. [§ 17.] Whenever, during the session of the legislature of any- State, a vacancy occurs in the representation of such State in the senate, similar proceedings to fill such vacancy shall be had on the second Tuesday after the legislature has organized and has notice of such vacancy.* [Ib.J 5. [§ 18.] It shall be the duty of the executive of the State from "which any senator has been chosen, to certify his election, under the seal of the State, to the president of the Senate of the United States.* [lb. § 3, p. 244.] 6. [§ 19.] The certificate mentioned in the preceding section shall be countersigned by the secretary of state of the State.* [Ib.J, ■ See par. 8, chap. 1. CHAP. 10.] ELECTION OF REPRESENTATIVES, ETC. 71 CHAPTER X. APPOETIONMENT AND ELECTION OP EEPEESENTA- TIVES AND DELEGATES .1 [From Chapter II, Title II, and Title XXII, United States Kevised Statutes.^ IN THE STATES. 1. Number and apportionment of 4. Elections by districts. representatives. 5, 6. Times of election. 2. Representatives assigned to new 7. Vacancies. States. 8. Votes by ballot 3. Keduction of representatives un- der the fourteenth amendment. IN THE TBERITOBIES. 9. Delegate to Congress. 10. Time, place, and manner of elect- ing delegate. IN THE STATES. 1. [§ 20.] After the 3d day of March, 1873, the House of Eepre- sentatives shall bo composed of 292 members, to be apportioned among the several States as follows :' Alabama, 8 ; Arkansas, 4 ; California, 4 ; Connecticut, 4 ; Del- aware, 1 ; Florida, 2 ; Georgia, 9 ; Illinois, 19 ; Indiana, 13 ; Iowa, 9 ; Kansas, 3 ; Kentucky, 10 ; Louisiana, 6 ; Maine, 5 ; Maryland, 6; Massachusetts, 11 ; Michigan, 9; Minnesota, 3 ; Mississippi, 6 ; Missouri, 13; Nebraska, 1; Nevada, 1; New Hampshire, 3; New Jersey, 7 ; New York, 33 ; North Carolina, 8 ; Ohio, 20 ; Oregon, 1 ; Pennsylvania, 27; Ehode Island, 2; South Carolina, 5; Tennessee, 10; Texas, 6 ; Vermont 3; Virginia, 9; West Virginia, 3 ; Wisconsin, 8. ^ Conspiring to prevent support of candidate for representative or delegate, see par. 15, chap. 4, in^ra. See South Carolina Eeturning Board Habeas Corpus case. Ex parte Hayne, 4 Cent. Law Jour. 72, note to "Jurisdiction." By the act of June 30, 1876, chap. 159, v. 19, p. 65, it is declared: "And no increase of the force at any navy yard shall be made at any tinje within sixty days next before any election to take place for President of the United States or member of Congress, except when the secretary of the navy shall certify that the needs of the public service make such increase necessary at the time, which certificate shall be immediately published when made.'' Por constitutional provisions, see pars. 1-4, 8-10, 20, 21, chap. 1. ' See pars. 3, 20, chap. 1. 72 U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 10. 2. [§ 21.] Whenever a new State is admitted to the Union, the representatives assigned to it shall be in addition to the number two hundred and ninety-two. 3. [§ 22.] Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article fourteen, section two,' ex- cept for participation in the rebellion or other crime, the number of representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State. [2 February, 1872, chap. 11, § 6, v. 17, p. 29.] 4. [§ 23.] In each State entitled under this apportionment, to more than one representative, the number to which such State may be entitled in the forty-third, and each subsequent. Congress shall be elected by districts composed of contiguous territory, and con- taining, as nearly as practicable, an equal number of inhabitants, and equal in number to the number of representatives to which euch State may be entitled in Congress, no one district electing more than one representative ; but, in the election of representa- tives to the Forty-Third Congress in any State to which an in- creased number of representatives is given by this apportionment, the additional representative or representatives may be elected by the State at large, and the other representatives by the districts as now prescribed by law, unless the legislature of the State shall oth- erwise provide, before the time fixed by law for the election of rep- resentatives therein.'' [lb., § 2, p. 28; 30 May, 1872, chap. 239, v. 17, p. 192.] [§ 24. Local — applies only to California, and to the year 1874.] 5. [§ 25.] The Tuesday next after the first Monday in Novem- ber, in the year eighteen hundred and seventy-six, is established as the day, in each of the States and Territories of the United States, for the election of representatives and delegates to the Forty-fifth Congress ; and the Tuesday next after the first Monday in Novem- ber, in every second year thereafter is established as the day for the election, in each of said States and Territories, of representa- tives and delegates to the Congress commencing on the fourth day of March next thereafter.' [2 February, 1872, chap. 11, § 3, v. 17, p. 28.] • See par, 20, chap. 1. ^See par. 8, chap. ' See pars. 6, 7, next page j also par, 8, chap. 1. ■CHAP. 10.] ELECTION OP KBPRESBNTATIVES, ETC. 7S 6. The last section was modified by act of March 3, 1875, chap. 130, V. 18, p. 400, as follows : § 6. That section twenty-five of the revised statutes, prescrib- ing the time for holding elections for representatives to Congress, is hereby modified so as not to apply to any State that has not yet changed its day of election, and whose Constitution must be amended in order to effect a change in the day of the election of State oflScers in said State. 7. [§ 26.] The time for holding elections in any State, District, or Territory, for a representative or delegate to fill a vacancy, whether each vacancy is caused by a failure to elect at the time prescribed by law, or 'by the death, resignation, or incapacity of a person •elected, may be prescribed by the laws of the several States and Ter- ritories respectively.! [2 February, 1872, chap. 11, § 4, v. 17, p. 29.] 8- [§ 27.] All votes for representatives in Congress must be by written or printed ballot ; and all votes received or recorded con- trary to this section shall be of no effect. But this section shall not apply to any State voting otherwise, whose election for repre- sentatives occurs previous to the regular meeting of its legislature, next after the twenty-eighth day of February, eighteen hundred and seventy-one." [28 February, 1871, chap. 99, § 19, v. 16, p. 440 ; 30 May, 1872, chap. 239, v. 17, p. 192.] IN THE TERRITOEIES. 9. [§ 1862.] Every Territory shall have the right to send a dele- ■ gate to the House of Eepresentatives of the United States, to serve ■during each Congress, who shall be elected by the voters in the Territory qualified to elect members of the legislative assembly thereof. The person having the greatest number of votes shall be declared by the governor duly elected, and a certificate shall be given accordingly. Every such delegate shall have a seat in the House of Eepresentatives, with the right of debating, but not •of voting. 10. [§ 1863.] The first election of a delegate in any Territory for which a temporary government is hereafter provided by Con- gress shall be held at the time and places and in the manner the governor of such Territory may direct, after at least sixty days' notice, to be given by proclamation ; but at all subsequent elections therein, as well as at all elections for a delegate in organized Terri- toi'ies, such time, places, and manner of holding the election shall ■be prescribed by the law of each Territory. *See pars. 4, 8, chap. 1. 'See par. 8, chap. 1. 74 TI. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 11 CHAPTER XI. CONTESTED ELECTIONS. [Chapter VIII., Title II., U. S. Bev. Stat.]. 1. Notice of intention to contest. 2. Time for answer. 3. 4. Time for taking testimony. 6. Notice of deposition ; service. 6. Testimony taken at several places at same time. 7. Who may issue subpenas. 8. "What the sabpena shall contain. 9. "When justices of the peace may act. 10. depositions by consent. 11. Service of subpena. 12. Witnesses need not attend out of the county. 13. Penalty for failing to attend or testify. 14. Witnesses outside of district. 15. Party notified may select an offi- cer. 16. Depositions taken by party or agent. 17. Examination of witnesses. 18. Testimony, to what confined. 19. Testimony, how written out and attested. 20. Production of papers. 21. Adjournments. 22. Notice, etc., attached to deposi- tions. 23. Copy of nbtice and answer to ac- company testimony. 24. How testimony to be sent to- clerk of House ; how opened. 25. Fees of witnesses. 26. Pees of officers. 27. 28. Expenses of contest. 1. [§ 105.] Whenever any person intends to contest an election of any member of the House of Eepresentatives of the United States, he shall, within thirty days after the result of such election Bhall have been determined by the officer or board of canvassers authorized by law to determine the same, give notice, in writing,. to the member whose seat he designs to contest, of his intention to contest the same, and, in such notice, shall specify particularly the grounds upon which he relies in the contest. [19 Feb., 1851, chap- 11, § 1, V. 9, p. 568.] 2. [§ 106.] Any member upon whom the notice mentioned in the preceding section may be served shall, within thirty days after the service thereof, answer such notice, admitting or denying the- facts alleged therein, and stating specifically any other grounds upon which he rests the validity of his election ; and serve a copy of his answer upon the contestant. [lb., § 2.] '3. [§ 107.] In all contested election cases the time allowed for CHAP. 11.] CONTESTED ELECTIONS. 75. taking teBtimony .shall be ninety days, and the testimony shall bo^ taken in the following order : The contestant shall take testimony during the first forty days, the returned member during the suc- ceeding forty days, and the contestant may take testimony in re- buttal only during the remaining ten days of said period. [10 Jan.^ 1873, chap. 24, § 1, v. 17, p. 408.] 4. The last section is construed by act of 2d March, 1875, chap. 119, V. 18, p. 338, as follows : § 2. That section one hundred and seven of the revised statutes of the United States shall be construed as requiring all testimony in cases of contested election to be taken within ninety days from the day on which the answer of the returned member is served upon the contestant. 5. [§ 108.] The party desiring to take a deposition under the' provisions of this chapter shall give the opposite party notice, in writing, of the time and place, when and where the same will be taken, of the name of the witnesses to be examined and their places- of residence, and of the name of an oflScer before whom the same will be taken. The notice shall be personally served upon the op- posite party, or upon any agent or attorney authorized by him to- take testimony or cross-examine witnesses in the matter of such contest, if, by the use of reasonable diligence, such personal service can be made ; but if, by the use of such diligence, personal service can not be made, the service may be made by leaving a duplicate of the notice at the usual place of abode of the opposite party. The notice shall be served so as to allow the opposite party suffi- cient time by the usual route of travel to attend, and one day for prepai-ation, exclusive of Sundays and the day of service. Testi- mony in rebuttal may be taken on five days' notice. [lb., §§ 1, 3 ;. 19 Feb., 1851, chap. 11, § 6, v. 9, p. 569.] 6. [§ 109.] Testimony in contested election cases may be taken, at two or more places at the same time. 7. [§ 110.] "When any contestant or returned member is desir- ous of obtaining any testimony respecting a contested election, he^ may apply for a subpena to either of the following oflScers who. may reside within the congressional district in which the election to be contested was held : First. Any judge of any court of the United States. Second. Any chancellor, judge, or justice of a court of record of any State. Third. Any mayor, recorder, or intendent of any town or city. . J'owrift. Any register in bankruptcy or notary public. [19 Feb- 76 U. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 11. Tuary, 1851, chap. 11, § 3, v. 9, p. 568 ; 23 January, 1860, chap. 15; V. 15, p. 267.] 8. [§ 111.] The oflScer to whom the application authorized by the preceding section is made shall, thereupon, issue his writ of 'fiubpena, directed to all such witnesses as shaU be named to him, requiring their attendance before him, at some time and place named in the subpena, in order to be examined respecting the con- tested election. [19 February, 1851, chap. 11, § 3, v. 9, p. 568.] 9. [§ 112.] In case none of the ofiBcers mentioned in section one hundred and ten are residing in the congressional district from which the election is proposed to be contested, the application thereby authorized may be made to any two justices of the peace residing within the district ; and they may receive such applica- tion and jointly proceed upon it. [lb., § 10, p. 570.] 10. [§ 113.] It shall be competent for the parties, their agents ^nd attorneys authorized to act in the premises, by consent in writ- ing, to take depositions without notice ; also, by such written con- sent, to take depositions (whether upon or without notice) before -any officer or officers authorized to take depositions in common law, or civil actions, or in chancery, by either the laws of the "United States or of the State in which the same may be taken, and to waive proof of the official character of such officer or officers. Any written consent given as aforesaid shall be returned with the depositions. [10 Jan., 1873, chap. 24, § 3, v. 17, p. 408.] 11. [§ 114.] Each witness shall be duly served with a subpena, by a copy thereof delivered to him or left at his usual place of abode, at least five days before the day on which the attendance of the witness is required. [19 Feb., 1851, chap. 11, § 4, v. 9, p. S69.] 12. [§ 115.] No witness shall be required to attend an examina- tion out of the county in which he may reside or be served with a fiubpena. [lb., § 4.] 13. [§ 116.] Any person who, having been summoned in the manner above directed, refuses or neglects to attend and testify, unless prevented by sickness or unavoidable necessity, shall for- feit the sum of twenty dollars, to be recovered, with costs of suit, by the party at whose instance the subpena was issued, and for his use, by an action of debt, to any court of the United States ; and fihall also be liable to an indictment for a misdemeanor, and punish- ment by fine and imprisonment. [lb., § 5.] 14. [§ 117.] Depositions of witnesses residing outside of the -district, and beyond the reach of a subpena, may be taken before CHAP. 11.] CONTESTED ELECTIONS. IT any officer authorized by law to take testimony in contested elec- tion cases, in the district in which the witness to be examined may reside. [10 January, 1873, chap. 24, § 2, v. 17, p. 408.] 15. [§ 118.] The party notified as aforesaid, his agent or attor- ney, may, if he see fit, select an officer (having authority to take depositions in such cases), to officiate, with the officer named in the notice, in the taking of the depositions ; and, if both such officers attend, the depositions shall be taken before them both, sitting to- gether, and be certified by them both. But, if only one of such officers attend, the depositions maybe taken before and certified by him alone. [lb., § 3.] 16. [§ 119.] At the taking of any deposition, under this chap- ter, either party may appear and act in person, or by agent or at- torney, [lb.] 17. [§ 120.] All witnesses who attend in obedience to a sub- pena, or who attend voluntarily, at the time and place appointed, of whose examination notice has been given, as provided by this- chapter, shall then and there be examined on oath by the officer who issued the subpena, or, in case of his absence, by any other officer who is authorized to issue such subpena, or by the officer be- fore whom the depositions are to be taken by written consent, or- before whom the depositions of witnesses residing outside of the district are to be taken, as the case may be, touching all such mat- ters, respecting the election about to be contested, as shall be pro- posed by either of the parties or their agents. [19 February, 1851,. chap. 11, § 7, V. 9, p. 569.] 18. [§ 121.] The testimony to be taken by either party to the- contest shall be confined to the proof or disproof of the facts al- leged or denied in the notice and answer mentioned in sections one hundred and five and one hundred and six. [lb., § 9.] 19. [§ 122.] The officer shall cause the testimony of the wit- nesses, together with the questions proposed by the parties or their agents, to be reduced to writing in his presence, and in the pres- ence of the parties or their agents, if attending, and to be duly at- tested by the witnesses respectively. [lb., § 7.] 20. [§ 123.] The officer shall have power to require the produc- tion of papers, and, on the refusal or neglect of any person to pro- duce and deliver up any paper or papers in his possession, pertain- ing to the election, or to produce and deliver up certified or sworn copies of the same, in case they may be official papers, such person shall be liable to all the penalties prescribed in section one hun-' dred and sixteen. All papers thus produced, and all certified or 78 TJ. S. ELECTION AND NATURALIZATION LAWS. [CHAP. 11» ■sworn copies of oflScial papers, shall be transmitted by the officer, ■with the testimony of the witnesses, to the clerk of the House of Kepresentatives. [lb., §8.] \ 21. [§ 124.J The taking of the testimony may, if so stated la the notice, be adjourned from day to day. [10 January, 1873, chap. ^4, §3, V. J7, p. 408.] 22 [§ 125.] The notice to take depositions, with the proof or acknowledgment of the service thereof, and a copy of the sub- pena, where any has been served, shall be attached to the deposi- tions when completed. [19 February, 1851, chap. 11, § 7, v. 9, p. 569 ; 10 January, 1873, chap. 24, § 3, v. 17, p. 408.] 23. [§ 126.] A copy of the notice of contest, and of the answer of the returned member, shall be prefixed to the depositions taken, and transmitted with them, to the clerk of the House of Uepre- sentatives. [19 February, 1851, chap. 11, § 9, v. 19, p. 569.] 24. [§ 127.] All officers taking testimony to be used in a con- tested election case, whether by deposition or otherwise, shall, when the taking of the same is completed, and without unnecessary de- lay, certify and carefully seal and immediately forward the same, by mail, addressed to the clerk of the House of ilepresentatives of the United States, Washington, D. C. ; and shall also indorse upon the envelope containing such deposition or testimony, the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and shall subscribe such indorsement. Upon the written request of either party, the clerk of the House of Eepresentatives shall open any deposition at any time after he -shall have received the same, and he may furnish either party with a copy thereof [10 January, 1873, chap. 24, § 4, v. 17, p. 409.] [So much of this section as requires the clerk of the House of Eepresentatives to open any deposition, and authorizes him to fur- ^lish a copy to either party, was repealed by statute of 2 March, 1875, chap. 119, v. 18, p. 338.] 25. [§ 128.) Every witness attending by virtue of any subpena herein directed to be issued, shall be entitled to receive the sum of seventy-five cents for each day's attendance, and the further sum of five cents for every mile necessarily traveled in going and re- turning. Such allowance shall be ascertained and certified by the officer taking the examination, and shall be paid by the party at whose instance such witness was summoned.* [19 February, 1851, ^hap. 11, §11, v. 9, p. 570.] .^See amendment to J 130, infra, par. 28, next page. ■CHAP. 11.] CONTESTED ELECTIONS. 79 26. [§ 129.] Each judge, justice, chancellor, chief executive of- ficer of a town or city, register in bankruptcy, notary public, and justice of the peace, who shall be necessarily employed, pursuant to the provisions of this chapter, and all sheriffs, constables, or other oflScers who may be employed to serve any subpena or no- tice herein authorized, shall be entitled to receive from the party at whose instance the service shall have been performed, such fees as are allowed for similar services in the State wherein such serv- ice may be rendered. [lb.] 27. [§ 130.] 'No payment shall be made by the House of Kep- resentatives, out of its contingent fund or otherwise, to either party to a contested election case, for expenses incurred in prosecuting ■or defending the same. . [3 March, 1873, chap. 226, § 1, v. 17, p. 485 (490).] 28. That hereafter no contesteo or contestant for a seat in the House of Eepresentatives shall be paid exceeding two thousand dollars for expenses in election contests ; and before any sum what- ever shall be paid to a contestant or contesteo for expenses of elec- tion contests, he shall file with the clerk of the committee on elec- tions a full and detailed account of his expenses, accompanied by the vouchers and receipts for each item, which account and vouch- ers shall be sworn to by the party presenting the same, and no charges for witness fees shall be allowed in said accounts, unless made in strict conformity to section one hundred and twenty-eight Eevised Statutes of the United States. [Act of Mar. 3, 1879, chap. 182, V. 20, p. 400.] APPENDIX. DECISIONS OP THE SUPREME COURT OF THE UNITED STATES, DECIDING THE U. S. supervisor's LAW TO BE CONSTITUTIONAL. (October Term of 1879. Decision rendered March 8, 1880.) [8 Washington Law Reporter, 162.} Ex PARTE Albert Siebold, "Walter Tucker, Martin C, Burns, Lewis Coleman, and Henry Bowers. Petition for Habeas Corpus to John M. McClintock, the Marshal of the United States for the District of Maryland, and to James H. Irwin, Warden of the Jail of the City of Baltimore, and for Certiorari to the Circuit Court of the United States for said District. The following extracts from the opinion of the Court are given here to show briefly the facts in the case : / " The petitioners in this case were judges of election at different voting precincts in the city of Baltimore, atj the election held in that city, and in the State of Maryland, on the fifth day of November, 1878, at which representatives to the Forty-sixth Congress were voted for. "At the November term of the Circuit Court of the United States for the District of Maryland, an indictment against each of the petitioners was found in said court, for offenses alleged to have been committed by them respectively at their respective precincts whilst being such judges- of election ; upon which indictments they were severally tried, convicted, and sentenced by said court to fine and imprisonment. They now apply to this court for a writ of habeas corpus to be' relieved from imprisonment. " The indictments commence with an introductory statement, that on the fifth day of November, 1878, at the fourth [or other] congressional district of the Stat^ of Maryland, a lawful election was held, whereat a representative for that congressional district in the Forth-sixth Congress of the United States was voted for; that a certain person [naming him] was then and there a supervisor of election of the United States, duly appointed by the circuit court aforesaid, pursuant to the 2012th section of the Revised Statutes, for the third [or other] voting precinct of the fifteenth [or other] ward of the city of Baltimore in the said oongres- 6 (81) •82 APPENDIX. «ional district for and in respect of the election aforesaid, thereat: that a •certain person [naming him] was then and there a special deputy marshal j of the United States, duly appointed marshal for,the Maryland district, pur- ■suant to section 2021 of the Revised Statutes, and assigned for such duty -as is provided by that and the following section, to the said precinct of :said ward of said city, at the congressional election aforesaid, thereat. Then come the various counts. " The petitioner, Bowers, was convicted on the second count of the in- dictment against him, which is as follows : " 'That the said Henry Bowers, afterward, to wit, on the day and year aforesaid, at the said voting precinct within the district aforesaid, unlaw- fully did obstruct, hinder, and by the use of his power and authority as such judge as aforesaid (which judge he then and there was), interfere with and prevent the said supervisor of election, in the performance of a cer- tain duty in respect to said election required of him, and which he was then and there authorized to perform by the laws of the United States, in such case made and provided, to wit, that of personally inspecting and scrutinizing, at the beginning of said day of election, and of the said •election, the manner in which the voting was done at the said poll of •election, by examining and seeing whether the ballot first voted at said poll of election was put and placed in a ballot-box containing no bal- lots whatever, contrary to the 5522nd section of said statutes, and against the peace, government, and dignity of the United States.' "Tucker, who was indicted jointly with one Gude, was convicted upon the second and fifth counts of the indictment against them, which were AS follows : " ' (2nd.) That the said Justus J. Gude and the said Walter Tucker, afterward, to wit, on the day and year aforesaid, at the said voting precinct •of said ward of said city, unlawfully and by exercise of their power and authority as such judges as aforesaid, did prevent and hinder the free at- tendance and presence of the said James N. Schofield (who who was then ■and there such deputy marshal as aforesaid, in the due execution of his said office), at the poll of said election of and for said voting precinct, and the full and free access of the same deputy marshal to the same poll of elec- tion, contrary to the said last-mentioned section of said statutes (sec. -5522), and against the peace, government, and dignity of the United States. " ' (5th.) That the said Justus J. Gude and the said Walter Tucker, on the day and year aforesaid, at the precinct aforesaid, within the district aforesaid (they being then and there such officers of said election as afore- said), knowingly and unlawfully at the said election did a certain act, not then and there authorized by any law of the State of Maryland, and not authorized then and there by any law of the United States, by then and there fraudulently and clandestinely putting and placing in the ballot- "box of the said precinct twenty (and more) ballots (within the intent and ■meaning of section 5514 of said statutes) which had not been voted at said election in said precinct before the ballots, then and there lawfully APPENDIX. ■deposited in the same ballot-box, had been counted, with intent thereby to affect said election and the result thereof, contrary to section 5515 of :6aid statutes, and against the peace, government, and dignity of the United States.' " This charge, it will be observed, is for the offense commonly known -as ' stuffing the ballot-box.' "The counts on which the petitioners, Burns and Coleman, were -convicted were similar to those above specified. Burns was charged with refusing to allow the supervisor of elections to inspect the ballot-box, or •even to enter the room where the polls were held, and with violently re- rsisting the deputy marshal who attempted to arrest him, as required by section 2022 of the Bevised Statutes. The charges against Coleman were -eimilar to those against Burns, with the addition of a charge for stuffing the ballot-box. Siebold was only convicted on one count of the indict- ment against him, which was likewise a charge of stuffing the ballet-box. "The sections of the law on which these indictments are founded, and the validity of which is sought to be impeached for unconstitutionality, are" [sections 2011, 2012, 2016, 2017, 2021, 2022 (see pp 13-19, this book), .and in part, sections 5514 and 5522 (see pp. 35-39).] The points decided are as follows : " 1. The appellate jurisdiction of this court, exercisable by habeas corpus, extends to a case of imprisonment upon conviction and sentence in an inferior court of the United States, under and by virtue of an unconsti- "tutional act of Congress, whether this court has jurisdiction to review the judgment by writ of error or not. " 2. The jurisdiction of this court by habeas corpus, when not restrained •by some special law, extends generally to imprisonment by inferior tri- bunals of the United States which have no jurisdiction of the cause, or whose proceedings are otherwise void and not merely erroneous; and -such a case occurs when the proceedings are had under an unconstitu- tional act. " 3. But when the court below has jurisdiction of the cause, and the matter charged is indictable under a constitutional law, any errors com- mitted by the inferior court can only be reviewed by writ of error. " 4. Where personal liberty is concerned the judgment of an inferior -court affecting it is not so conclusive but that the question of its authority to try and imprison the party may be reviewed on habeas corpus by a ■superior court or judge having power to award the writ. " 5. Certain judges of election in the city of Baltimore, appointed under State laws, were convicted in the Circuit Court of the United States, under ■sections 5515 and 5522 of the Eevised Statutes of the United States, for ■interfering with and resisting the supervisors of election and deputy marshals of the United States in the performance of their duty at an "election of representatives to Congress, under sections 2016, 2017, 2021, 2022, title XXVI, of the Revised Statutes: Held, that the question of the •constitutionality of said laws is good ground for this court to issue a writ* APPENDIX^ of habeas corpus to inquire into the legality of the imprisonment under- fiuch conviction; and if the laws are determined to be unconstitutional,- the prisoners should be discharged. ■ " 6. Congress had power by the constitution to pass the sections re- ferred to, viz., section 5515 of the Eevised Statutes, which makes it a penal offense against the United States for any officer of election, at an election held for a representative in Congress, to neglect to perform, or to- violate, any duty in regard to such an election, whether required by a law of the State or of the United States, or knowingly to do any act un- authorized by any such law, with intent to affect such election, or to make- a fraudulent certificate of the result, etc. ; and section 5522, which makes it a penal offense for any officer or other person with or without process, to obstruct, hinder, bribe, or interfere with a supervisor of election, or- marshal, or deputy marshal, in the performance of any duty required of them by any law of the United States, or to prevent their free attendance at the places of registration or election, etc.; also, sections 2011, 2012, 2016, 2016, 2021, 2022, title XXVI, of the Eevised Statutes, which au- thorizes the circuit courts to appoint supervisors of such elections, and the marshal to appoint special deputies to aid and assist them, and which prescribe the duties of such supervisory and deputy marshals; these being the laws provided by Congress in the Enforcement Act of May 31, 1870, and the supplement thereto of February 28, 1871, for supervising, the- eleetions of representatives, and for preventing frauds therein. " 7. The circuit courts have jurisdiction of indictments under these laws, and a conviction and sentence in pursuance thereof is lawful cause- of imprisonment, from which this court has no power to relieve on habeas corpus. " 8. In making regulations for the election of representatives, it is not necessary that Congress should assume entire and exclusive control thereof. By virtue of that clause of the constitution which declares that 'the times, places, and manner of holding elections for senator.'* and rep- resentatives, shall be prescribed in each State by the legislature thereof ^ but the Congress may at any time by law make or alter such regulations, except as to the place of choosing senators.' Congress has a supervisory power over the subject, and may either make entirely new regulations, or- add to, alter, or modify the regulations made by the State. " 9. In the exercise of such supervisory power, Congress may impose new duties on the officers of election, or additional penalties for breach of duty, or for the perpetration of fraud ; or provide for the attendance of officers to prevent frauds, and see that the elections are legally and fairly conducted. " 1 0. The exercise of such power can properly cause no collision of regulations or jurisdiction, because the authority of Congress over the subject is paramount, and any regulations it may make necessarily super- sede inconsistent regulations of the State. This is involved in the power 40 ' make or alter.' "11. There is nothing in the relation of the State and national sov- APPENDIX. 85 ■«reignties to preclude the co-operation of both in the matter of elections Of representatives. If both were equal in authority over the subject, col- lisions of jurisdiction might ensue; but the authority of the national government being paramount, collisions can only occur from unfounded jealousy of such authority. " 12. Congress had power by the constitution to vest in the circuit court the appointment of supervisors of election. It is expressly declared that ' Congress may by law vest the appointment of such inferior oflBcers, as they think proper, in the president alone, in the courts of law, or in the heads of departments.' "While, as a question of propriety, the appoint- ment of officers whose duties appertain to one department ought not to be lodged in another, the matter is nevertheless left to the discretion of "Congress. "13. The provision which authorizes the deputy marshals to keep the peace at the elections is not unconstitutional. The national government has the right to use physical force in any part of the United States to •compel obedience to its laws and to carry into execution the powers con- ferred upon it by the constitution. " 14. The concurrent jurisdiction of the national government with that flf the States, which it has in the exercise of its powers of sovereignty in • every part of the United States, is distinct from that exclusive jurisdic- tion which it has by the Constitution of the District of Columbia, and in those places acquired for the erection of forts, magazines, arsenals, etc. " 15. The provisions adopted for compelling the State officers of election to observe the State laws regulating elections of representatives, not al- tered by Congress, are within the supervisory powers of Congress over such elections. The duties to be performed in this behalf are owed to the United States as well as to the State; and their violation is an offense against the United States which Congress may rightfully inhibit and pun- ish. This necessarily follows from the direct interest which the national .government has in the due election of its representatives and from the power which the constitution gives to Congress over this particular sub- ject." (October Term of 1879. Decision rendered March 8, 1880.) :Ex parte : In the Matter of Augustus F. Clarke, Peti- tioner. Petition for writ of Habeas Corpus. The following extract gives the facts in the case : "This case comes before us on the return to a writ of habeas corpus Sssued by order of one of the justices of this court. The petition for a liabeas corpus was addressed to the judges of the Supreme Court of the S6 APPENDIX. United States by Augustus F. Clarke, who states therein that he is ». member of the city council of Cincinnati, and, as such, one of the judges, of election of precinct A in said city; in which capacity he acted at the- state, congressional, county, and municipal elections held in said city in October, 1878. That on the twenty-fourth of October, 1878, he was in- dicted in the Circuit Court of the United States for the Southern District of Ohio for unlawfully neglecting to perform the duty required of him as- such judge of election by the laws of the State of Ohio in regard to said election, in this : that having accepted one of the poll-books of said elec- tion, sealed and directed according to law, for the purpose of conveying: the same to the clerk of the Court of Common Pleas of Hamilton county, in said state, at his ofSce, -he neglected to do so; and, iii another count, that he permitted the said poll-books, sealed and directed for the purpose- aforesaid, to be broken open before he conveyed the same to said clerk; that a motion to quash said indictment, and a demurrer thereto, having, been successively overruled, he pleaded not guilty, and at the February term, 1879, was tried and found guilty, and having unsuccessfully moved, for a new trial, and in arrest of judgment, he was sentenced by said court to be imprisoned in the jail of Hamilton county for twelve months, and to pay a fine of two hundred dollars and the cost of prosecution ; that in. pursuance of said sentence he had been arrested and imprisoned, and isr now imprisoned and restrained from his liberty by the marshal of the- United States for said district. The petition then asserts that the said circuit court had no jurisdiction in the premises, and that its acts were wholly void and his imprisonment unlawful. He, therefore, prays a ha- beas corpus to the said marshal, and a certiorari to the clerk of said court, if necessary, and that he may be discharged from custody. A cer- tified copy of the indictment, proceedings, and judgment in the circuit court is annexed to the petition, from which it appears that the first count charged that the petitioner, on the ninth of October, 1878, in the county of Hamilton, in the State of Ohio, being an officer of election at which s^ Eepresentative of Congress was voted for, to wit: a judge of said election- at precinct A of the eighth ward of Cincinnati, and being duly appointed such judge of election under the laws of Ohio, did unlawfully neglect to perform a duty required of him by the laws of said state in regard to- said election, specifying said neglect, to wit, that he neglected to convey the poll-book to the county clerk, which had been sealed up by the judges- and delivered to him for that purpose; contrary to the form of the stat- ute and against the peace and dignity of the United States. The second" count charged that the petitioner, as such judge of election, violated a duty required of him by the laws of said state in regard to said election,, specifying the violation, namely, that having received the poll-book i» the manner and for the purpose aforesaid, he permitted it to be broken- open before he conveyed it to the county clerk, contrary to the form of the statute, etc." " The law of Ohio which the petitioner is charged with violating is a» follows : APPENDIX. 87 " ' (32.) See. XIX.* That, after canvassing the votes in the manner aforesaid, the judges, before they disperse, shall put under cover .one of the poll-books, seal the same, and direct it to the clerk of the court of common pleas of the county wherein the return is to be made ; and the' poll-book, thus sealed and directed, shall be conveyed by one of the judges (to be determined by lot if they can not agree otherwise) to the- clerk of the court of common pleas of the county, at his office, within two days from the day of the election ; and the other poll-book, where the same is not otherwise disposed of by this act, shall be deposited with the township clerk, or clerk of the election district (as the case may be), within three days from the day of the election, there to remain for the- use of the persons who may choose to inspect the same.' " The points decided are as3 follows : " 1. An officer of election at an election for a Representative to Congress- in the city of Cincinnati, was convicted of a misdemeanor in the circuit court of the United States, under section 5515 of the Revised Statutes,, for a violation of the law of Ohio in not conveying the ballot-box, after it had been sealed up and delivered to him for that purpose, to the county clerk, and for allowing it to be broken open : Meld, according to the de- cision in Ex parte Siebold and others, that Congress had power to pass the law uncler which conviction was had, and that the circuit court had jurisdiction of the offense. " 2. In such a case, a habeas corpus for discharge from imprisonment under the conviction was rightfully issued by a justice of this court, re- turnable before himself; and said justice had the right, if it could b© done without injury to the prisoner, to refer the matter to this court for its determination, it being a case which involved the exercise of appel- late jurisdiction. " 3. Had the case been one involving original ji»isdiction only, this court could not have taken jurisdiction of it." Justices Field and Cliffoed dissented in both cases. (1) Now section 2961, Revised Statutes of Ohio. See page 119, "Laws of Elections in OUo." INDEX. [The figures in Index refer to pages, and to the matter m notes and text both. Whera notes only are referred to, the letter n. precedes the number of page.] Advising, etc., unlawfully— acts at polls, 29-33. ' acts at registration of voters, 33-35. (See Grimes.) .Aiding, etc. — ^ voter, officer, or others to act unlawfully at polls, 29-33, 34. voter, officer, or others to do unlawful acts at registration, 33-35. (Seo Chimes.) Affidavit. (See Oath.) Allen — can not become president, 3. protected from oppression, etc., 29. may become citizen of U. S., 46, 48-59. in what manner, 48-59. (See Naturalization.) honorably discharged from U. S. service, effect of being, 55, marine corps not included in this, n. 55. naval service is, 55, n. effect and force of admission, by court, to citizenship, n. 48-50. what courts may naturalize, 49, n. 51, 59. petitipn of, for naturalization, must show what, n. 52. "good moral character" of, discussed, n. 52, 55. minor, naturalization of, 56, 58, n. 59. seamen, naturalization of, 59. alien enemy can not become citizen, 57. widow and children of, become citizen, when, 56. of African nativity and descent, 56, 57. of Mongolian nativity, n. 57. five years' continuous residence necessary, 57. absence for few minutes only in Canada, effect o^ n. 57. absence in American vessel, effect of, n. 57. taking false oath, in naturalization, how punished, 60, n. 61. false personation, etc., in naturalization, how punished, 61. using false certificate of citizenship, how punished, 62, 63. (See Naturalha- iion; Cfrimes.) Allegiance — to state and to nation discussed, n. 27. must be avowed and renounced, when, 46, 60-62, 64. (See Naturalization.) (89) 90 INDEX. .Amendment- twelfth, 3, 4. thirteenth, n. 24. fourteenth, 4, 5, n. 27. fifteenth, 5. may be enforced by Congress, 5. Answer — ■ refusing to give, or giving false, to supervisor, 40. of contestee, in contested election cases, 77. Apportionment — of members of Congress to the states and territories, 71-73. Appointment — of presidential electors, 2, 62, 66, 67. of supervisors, 14, 15, 19, 20. of special deputy marshals, 18. Army and Navy — intimidation, etc., of voters by officers of, 40, 41. effect of service in, as to citizenship of aliens, 55, 59. Arrest — may be made, when, by whom, for what, etc., 19, n. 26. resisting. (See Crimea; Penalty.) Ballot- presidential electors must vote by, 3, 65. duty of supervisor as to, 16, 17, 36, n. 2. for candidate for representative or delegate to Congress, crimes as to, 85.- elections for, must be by, 73. Ballot-boxes — duties of supervisors as to, 17, 36, n. 2. (See Crimes.) Blanks. (See Books, Blanks, etc.) Books, Blanks, etc, — to be furnished by chief supervisor, 20. Bribery — of electors, how punished, 26. (See Crimes.) Bystanders — may be called on.by officers to arrest, 19. Certificate — duties of supervisors as to, 16-21. making, false, or destroying, refusing to return, etc.; penalty, 35-37. being in any way implicated with false, fraudulent, of naturalization; pen- alty, 61-63. relating to election of president, etc., 65, 66. relating to election of U. S. Senator, 70. I^fDiEX. 91 Challenge — of person offering to vote, 16. Chief Supervisor- appointment of, 15. duties and power of, 15-21. fees of, 21. (See Supervisors of Election.) Children — which are, or may become, citizens of the TJ. S. without naturalization, 43jv 44, 58. as to certain illegitimate foreign horn, n. 58, 59. Chinaman — . can not he naturalized, n. 57. Circuit Court — jurisdiction of, 13. duties of, as to supervisors of election, 13-21. (See Court.) Citizens of the U. S.— who are, or may become, 4, 42-59. definition of, rights of, etc., discussed, n. 6-8. , persons born abroad who are, 43. wives of citizens also deemed to be, 44. what persons born in Oregon are, 45. Indians not taxed are not, 42. • rights and privileges of, 4, 5, 8, n. 48. state shall not abridge rights, etc., of, 4, 6, 9, 23, 27. effect of so doing, 4, 72. owes highest allegiance to U. &., and not to state, n. 42. deserters who are deemed not to be, 45. exception to this, 45. right of expatriation of, 46. naturalized, rights of, when abroad, 47. duties of president in such cases, 47. how alien may become, 48-59. fights of naturalized, defined, n. 48. a Mongolian can not become, n. 57. an alien enemy can not become, 57. hut certain children of may, n. 58. certain Africans can become, 56, 57. how seamen may become, 59. (See Naturalization.) City— tr. S. election laws applicable to, 9, 12, 13-21, 26-41. election in, how held, 18. Cleric of U. S. House of Representatives— to receive chief supervisor's report, 18. Columbia, District of— " : police court of, can not naturalize, 59. •92 INDEX. Color of Person- effect of, as to voting, 5, 9, 12, 13. 'Compensation. (See Fees.) Commissioners. (See Officer.) . of U. S.- I supervisor lias powers of, when, 18. duties of under supervisor law, 18-21, n. 25. Conflict between U. S. and State Law, n. 17. Congress — election, qualification, apportionment, etc., of members, 1, 2, 69-73. may regulate election of members of, 2. is judge of election of members of, 2. powers of, as to electors and elections, 2-4, 66, 67, 83, 85, 87. may elect president and vice-president, when, 3, 4. may remove disability incurred by rebellion, how, 5. power of to enforce amendments, 5. power of, as to naturalization, 5. (Sea Naturalization.) president to report action to, as to naturalized citizen imprisoned abroad, 47.1 contest of representative to, 74-79. (See Contest of Election.) supervisors to guard elections of members of, 13-21, 84. crimes in elections for members of, 29-38, 84. (See Crimes.) Congressional District-^ supervisors of election in, 13. (See Congress.) Conspiring. (See Crimes.) against the full enjoyment of right of suffrage ; penalty, 25, 26, 38. of civil rights, 27. , against accepting or holding ofSce under TJ. S. ; penalty, 37, 38. to induce or prevent oflScer from doing his duty ; penalty, 37, 38. to deprive any person of full protection of laws ; penalty, 38. Constitutional provisions, 1-5. 'Constitutionality of U. S. Supervisors Law, 81-87. Contest of Election — of Representatives to Congress, 74-79. notice of intention to contest, 74. must contain what, 74. time for taking testin}ony, 74. notice of deposition ; service, 75. testimony taken at several places at same time, 75. who may issue subpehas, 75, 76. what the subpena shall contain, 76. when justices of the peace may act, 76. depositions by consent, 76. service of subpena, 76. witnesses need not attend out of the county, 76. penalty for failing to attend or testify, unless, 76. ( INBEX. 9Jf Contest or Election — Coniinued. witnesses outside of district, 76. vrlio may take depositions of -witnesses outside of district, 76. party notified may select an officer, 77. depositions taken by party or agent, 77. examination of 'witnesses, 77. testimony, to what confined, 77. testimony, how written out and attested, 77. production of papers, 77. penalties for not producing, 77. adjournments, 78. copy of notice and answer to- accompany testimony, 78. how testimony to be sent to the clerk of House ; how opened, 78. fees of witnesses, 78. fees of officers, 79. .lexpenses of contest, how paid, etc., 79. Costs- must be paid by certain offenders. (See Fees.) Counsel Fees — must be paid by certain offenders, 11, 12. Count— of votes for president and vice-president, 66. County — TJ. S. elections apply to, 9-13, 16, 24-41. supervisors of election may be appointed for, when, 13. Court — suits may be brought in what, for wrongs under election laws, 12, 13, 22-24, 83. duties and powers of U. S. Circuit and District, as to supervisors of election, 13-21. same, as to suits to recover offices, 22, 23. same, as to damages, 23. same, as to penalties under election laws, 24. what courts may naturalize aliens, 48-50, 51, n. 55, 59. State court acts as a U. S. court when naturalizing alien, 49 n. Crimes. (See various offenses, by name ; Penalty.) person guilty of, may be disfranchised, 4. U. S. laws relating to, against elective franchise and Civil rights of citizens,. 11, 25-41. resisting officers, 21, 37, 39. preventing, etc., citizens from voting, 25. intimidating voters by bribery or threats, 26. conspiracy to injure or intimidate citizens in the exercise of civil rights, 27. other crimes committed while violating the preceding sections, 28. depriving citizens -of civjl rights under color of State laws, 29. fraudulent voting, etc., at elections for representatives to Congress, 29. fraudulent registration, etc., 38. •94 INDEX. "Ckimes — Coniiniied. ^ ■what deemed a registration under last section, 35. voting, or offering to vote, in certain eases prima facie evidence, etc., 35. violation of duty by officers of election, 35. obstructing execution of process in civil rights cases, etc., 37. marshal refusing to receive or execute process, 37. conspiracy to prevent accepting or holding office under TJ. S., etc., 37. conspiracy to deprive any person of the equal protection of the laws, 38, ■conspiracy to prevent the support of any candidate, etc., 38. •supervisor of election, etc., neglecting to discharge duties. 38. interfering -with supervisor of election, marshals, or deputies, 39. -obstructing verification of registration lists, etc., 39, unlawful presence of troops at elections, 40. intimidation of voters by officers, etc., of army or navy, 40, •officers of army or navy prescribing qualifications of voters, 40. officers, etc., of army or navy interfering with officers of election, etc. 40, disqualification for holding office, 41. -conspiracy, n. 25. procedure, n. 25. relating to naturalization, 60-63. taking false oath in naturalization, 60. false personation, etc., in procuring naturalization, 61, ■ using false certificate of citizenship, etc., 62. using false certificate, etc., as evidence of a right to vote, 62, •aiding or abetting violations of preceding sections, 63. falsely claiming citizenship, 63. provisions applicable to all courts of naturalization, 63. perjury, n. 60. indictment — sufficiency of, n. 27; n. 31; n. 32; ii. 60. pleading and practice, n. 27; n. 31; n. 32; n. 33; n. 60; n, 61. Belaying, etc., Voter, 12, 25-33. Delegate to Congress — relating to ballots for, 35, 73. how and when elected, 73. •Depositions — in contested election cases, 75-78, Deputy Marshals. (See Marshals.) Deserters — certain, are disfranchised, etc., 45, 46. Disguise — going in, to hinder, etc., voter, 26-29, 38. going in, to deprive person of full protection of laws, 88. INDEX. 95 District Court. (See Court.) jurisdiction of, 13, 22. ■ duties of, as to supervisors, etc., of elections, 13-21. Elections — of president and vice-president, how conducted, etc., 3, 64-68. of U. S. senators, hovy conducted and certified, 2, 69, 70. of representative and delegate to Co:S'gress, how conducted and certified, 2, 70-73. no U. S. ofiScer to meddle with, 6-9. no troops to be at place of, unless, 6-9. regulations in U. S. laws as to conduct of, 6-21, 84. ' remedy of his, 12, 13. supervisors of, laws relating to, 13-21. president and vice-president, 64-68. must be by ballot, 35, 73. special, when and why hgld, 67, 68, 70, 73. Electors. (See Voters.) Electors, Presidential — how appointed, elected, etc., 2, 3, 67. vote, when, where, etc., 3, 65, 67, 68. who may not be, 2, 45. penalty for conspiring against election of, etc., 38. when appointed, 64, 67. number of, 64, 65. vacancies among, how filled, 65. must meet and vote, when, where, and for whom, 65. three lists of, must be made by State executive, 65. must make out three lists, annex certificate, etc., 65. must seal and certify these, 65. must dispose of them, how, 66. Elective Franijhise — U. S. laws relating to, 6-41. as to crimes against, 25-41. Emigrants. (See Expatriation ; Aliens ; Naturalization,) Enemies, Alien — naturalization of, 57, 58. English Language- supervisors of elections must speak, 15. Enumeration — of inhabitants of TJ. S., when and how made, 1. Executive. . {See Presidejit) duty of, as to vacancy in office of representative, 1. as to vacancy in office of senator, 2, 70. as to presidential electors, 65. expatriation — rights of, etc., 46, n. 47. 98 INDEX. Fees, Mileage, etc, — of counsel must be paid by certaiji offenders, 11, 12. of supervisors of election, etc., 21. of messenger with electoral votes, 66. of officers and witnesses in contested election cases, 78, 79. of U. S. supervisor, 21. of U. S. special deputy marshals, 21* of witnesses in contested election cases, 78. of officers in same, 79. Felony — how punished, in certain cases, 28. Fine. (See Penalty.) Forms — to be furnished by chief supervisor, 20. Foreigner. {Sq& Alien; Naiuralixaiion ; Nobility.) Foreign Government — oppressing naturalized citizen, what president must do, 47. Franchise, Elective — provisions of law relating to, 6-13. bringing troops to places of election, 6. officers Interfering with right of, penalty, 8. race, color, or previous condition not to affect, 9, 10. certain penalties for interfering with, 11. what shall entitle any one to vote, 11. penalty for wrongfully refusing to receive, count, register, etc., a vote, 11, 12.- penalty for wrongfully hindering, delaying, preventing, etc., person from- voting, 12. remedy for deprivation from office, 12. discussion, etc., of generally, n. 6-13. (See Supervisors of Elections; Elections; Crimes; Voter.) Governor — appoints what officiSrs, 1, 2. duties of, as to presidential electors, 65. duties of, as to vacancy in U. S. senatorship, 2, 70. Habeas Corpus, 83-87. House of Representatives — how composed, 1, 71. is judge of election of its members, 2. duties of, as to presidential electors, 3, 4, 66, 67. apportionment, election, jjualiflcation of members of, 1, 2, 71-73. (See Congress.) Imprisonment — of naturalized citizen by foreign government, 47. (See Penalty; Orime8.y Information- giving false, or none, to supervisor, etc., when, 40. INDEX. * 97 Injuring, ete^,, Voter. (See Voter; Crimea.) Intention — of foreigner to become citizen, 48-59. Intimidating, etc., Voter. (See Voter ; Crimes.) Judges — of election — duties of, 11, 12, 83. of election, returns, qualifications, etc., of members of Congress — each house is, of its own members, 2. of United States — duties and powers of, as to supervisors of elections, 13-21, 88, 84, 87. as to other election matters, 22-24. of certdin districts — to receive certificates from presidential electors, 66. duty of, relating thereto, 66. Jurisdiction. (See Courts; Judges.) Legislature of State — as to qualifications of members of, 1. prescribes time, manner, etc., of electing U. S. senators, 2. of members to Congress, 2. elects senators to fill vacancies, 2, 5. Marine — may vote, when, 41. Marshal (U. S.) and Deputies- duties of, as to elections, 18-21, 84. • may arrest with or without process, 19. power of appointing, construed, 21, 84. obstructins;, hindering, etc., in certain cases; penalty, 37, 83. refusing to receive, serve, or execute process in certain cases ; penalty, 37. refusing to serve an, after accepting the oflSce, in some cases, 38, 39. interfering with, or obstructing, etc., 39, 40, 83. Members. (See Congress., Military Officer. (See Officers.) Misdemeanor — how punished in certain cases, 28. Municipal Corporation. (Sw- aty ; Town.) U. S. election laws apply to, 9, 12, 16. Name — using false, in naturalization, 61 . Naturalization. (See Citizens of U.S.) Congress may establish uniform rule as to, 5. right of, vested in Congress only, 48 n. 98 INDEX. Naturalization — Continued. alien may become naturalized, 46, 48. he must declare what, on oath, before a proper court, 48-54, 56. court must require what proof, 53-50. alien must renounce order of nobility, etc., 53. how alien resident here before 1795 may become citizen, 53, 54. how alien resident here before 1812 may become citizen, 54, 55. declaration of intention may be made before whom, 55. how alien in U. ,S. military servioe may secure, 55, how certain aliens aged less than twenty-one may secure, 56. how widow and children of certain aliens may secure, 56. alien of African nativity may be naturalized, 56, 57. but a native of China can not, 57, note 1. a previous residence of five years necessary, 57. an alien enemy can not be naturalized, 57, 58. certain persons excepted from this, 57, 58. certain resident children considered citizens, 58. certain children born without the U. S., considered citizens, 59. tories can not become citizens, unless, 59. Police Court of D. C. can not naturalize aliens, 59. how seamen may be naturalized, 60. crimes relating to, penalty, etc., 60-03. taking false oath in, 60. false personation in procuring, 61. appearing as witness in such case, 61. using false certificate of citizenship, in naturalization, 62. as evidence of right to vote, 62. aiding or abetting violations in matters relating to, 63. falsely claiming citizenship, 63. provisions applicable to all courts, 63. Naval Officer. (See Officer.) Nobility — title of, must be renounced by whom, 53. Notice- making or using a false, in naturalization, penalty, 61. in case of vacancy in presidential office, 67. of contest of election, 74. Oath- false, penalty for, in some cases, 61. Offlce. (See Elections ; Officers.) under U. S., who can not hold, 4, 5. remedy of person unlawfully deprived of, 12, 13, 22-24. suit to recover, where brought in some cases, 22, 23, who ineligible to, 27, 41, 45, 46. Officers. (See names of officers by respective titles ; Elections.) of TJ. 8. can not be member of Congress, 2; • ■ ' nor^be a presidential elector, 2. INDEX. - '99 Officers — Continued. nor have troops at polls, unless, 6-8, 40. nor fix qualifications of voters, 8-10, 40. nor in any way interfere with elections, 8, 9, 40. duties of certain, as to permitting persons to qurtlify to vote, 9, 10, 11, 40. remedy of, if deprived of certain offices, 12. duties of certain, as to conduct of election, 11-13, 40, 41. penalties against for niiscondact as to voter, 11, 12, 31-38, 40, 41. wrongtUi acts of, at polls asnd at registration ; penalty, 11,- 29-33, 34-30. procuring or compelling officer to act unlawfully at polls ond at registration, 82, 33, 34-86. of certain elections not performing duty or doing certain unlawful acts, 35-37, 83. obstructing, hindering, etc., officer executing warrant or process, 37. rescuing person arrested under same ; penalty, 37. assisting person so arrested to escape ; penalty, 37. harboring, etc., such person, after notice ; penalty, 37. can not impair right of expatriation, 46. what officer can act in contested elections, 75-77. which, areineligible as presidential electors, 2, 4. contest as to, 74-79. election, term of office, vacancy in office, etc., of United States officers — electors of president and vice-president, 64-68. senators, 2, 69, 70. representatives to Congress, 2, 70, 73. Official Count. (See Count.) Official Oath. (See Oath.) Oppression, etc., of Voter. (See Voter.) Order — at the polls, etc., who to preserve, 19. Oregon — persons born in Territory of, are citizens of IT. S., 45. Papers, (See Naturalization.) what, must be produced in contests of elections, 77. Parish (in Louisiana)— U. S. election laws apply to, 9, 12, 13, 26. Penalty. (See Crimes.) for wrongful act toward voter, etc., 10, 11, 12, 22-24, 26-29, 88. for oppressing alien, how, 29. for oppressing inhabitant of any State or Territory, how, 29. for certain unlawful acts at polls, 38, 35. for certain unlawful acts at registration, 85. for conspiring against right of suffrage, 88. for conspiring against holding office, 87, 38. for conspiring against officer doing his duty, 87, 38. 100 INDEX. Penalty — Continued. for conspiring against any one's full protection of law, 38. for conspiring against person or property of elector, 38. for going in disguise for certain unlawful purposes, 26-29, 38. for interfering with, etc., supervisor or marshal, 39. for interfering with, etc., voter at polls or registering, 39. for refusing to act as supervisor or marshal, having accepted, 38, 39. for refusing to assist supervisor or marshal when called upon, 39. for giving false or no answer to supervisor, etc., making lists, etc., 40. for crimes in relation to naturalization, 60-63. for neglecting to deliver electoral votes, 67. Perjury, n. 60. Personating Another— and voting, etc., 29-33. and registering, etc., 33-35. in procuring naturalization, etc., 60-63. Poll-book— duties of supervisor as to, 16. Polls- certain crimes at, how punished, 29-33. Posse Comitatus — may be called, when, hy whom, etc., 19. Precinct of Election- mentioned in U. S. laws, 16, 17, 18, 21. Prerequisite to Voting — no person or officer to interfere with performance of, 10, 11, 12. offer of performance of, same as performance, when, 11. President — of United States — election, term of office of, etc., 2, 3, 64-68. who may, and who may not be, 3. who to act as, in case of death, etc., of, 3, 67. duty of, as to naturalized citizen imprisoned abroad, 47. what is evidence of refusal to accept, resignation, etc., 68. of V. S. Senate— duties of, as to election of president and vice-president, 3, 4. 06, 68. notice of election of U. S. senators sent to, 70. Preventing, etc., Voter. (See Voter.) Procuring Certain Unlawful Acts — at polls, 29-33. at registration of voters, 34, 35. Profit, Place of— who ineligible to certain, 27. INDEX. 101 Process — wrong-doer may be arrested without, when, and when not, 19. obstructing, etc., service of; penalty, 37. refusing to receive, serve, or execute; penalty, 37. Punishment. {See Penalty ; Voter.) Qnallflcations — of electors for congressmen, 1. of members to Congress, who to determine, 2. of presidential electors, 2, 4, 6. of supervisors of election, 15, 20, 21 . U. S. officers can not prescribe or fix, of electors, 8, 9. Race, Color, or Previous Condition — shall not abridge right to vote, 5, 9, 12, 13. remedy for wrongs on account of, in some cases, 22. Rebellion or other Crime — participant in, may be disfranchised, 4. Registration of Voters. (See Voters; Prerequisite to Votincf.) fraudulent, to be prevented and punished, 19. certain crimes at ; penalty, 33-35. defined, for certain purposes, 35. obstructing, preventing, etc. ; penalty, 39, 40. Registry Lists- duties of supervisors as to, 16. Representatives— to Coigresa — qualifications of, 1, 2, 4, 5. when and how chosen, etc., 1, 72, 73. for how long, 1. how appoi-tioned among the States, 1, 4, 8, 71, 72. number of, may be reduced, why, 4. relating to ballots for, 34, 73. can not be presidential elector, 2. contest for seat of, 74, 79. (See Elections, Contest of; Congress louse of Representatives.) Resident. (See Voter; Crimes.) Resignation — what only shall be deemed a, by president or vice-president, 68. Returns. Congress to be judge of what, 2. duties of supervisors as to, 16-21. Sailor — may vote, when and where, 41, 45. deserters among, when not citizens, 45. how protected, after taking steps to become citizen of U. S., 59. expatriation of, 47, n. (See Seaman.) 102 INDEX. Seaman — may become citizen, how, 59. how protected, after taking steps to become citizen, 59. as to expatriation, 47, n. (h), (i). (See Sailor.} Secretary of State- duties of, as to presidential election, 66, 67. duties of, as to U. S. senator's election, 70. Senate — of United States — how composed, 1. members of, how chosen, 1, 2, 69, 70. term of, and division into classes, 1. to elect vice-president, when, 4. is judge of the election of its members, 2. Senators — of United States — how chosen, 1. serve how long, 1. divided into three classes, 1. may be appointed by Slate executive, when, 2. qualifications of, 2, 4, 5. regulations as to election of, 2, 69; 70. can not be presidential elector, 2. Soldiers- may vote when and where, 41. may be naturalized, how, 59. Speaker of House — acts as president, when, 67. Special Elections— r to be held when, what for, 67, 68', 70, 73. State- number of representatives of, 1, 4, 71-73. executive of, his duty as to congressmen, 1. executive of, may appoint senator, when, 2. other duties of, as to same, 70. rights of, as to election of president, 3, 4. can not abridge certain rights of citizens of the U. S., 4. (See Citizen; Election; Allegiance.) Street Commissioner. (See Elections, Municipal.) Subpena — in contested election cases, 75, 76. Suffrage — right of, discussed, n. 6-10, 12. (See FraaeMse.) Suit. (See Crimes ; Conitsis-of EUctions.) for wrongs under election laws, 12, 13, 22-24. INDEX. 103 Supervisors of Elections — of United States — U. S. laws as to, 13-21. how appointed, 13-15\ qualifications of, 15, 20, 21. duties and powers of, generally, 15-21. as to congressional elections, 21, 83-85. penalty for refusing to serve, after accepting, 38, 39. penalty for obstructing, interfering witii, etc., 39, 40, 83, 84. when unlawfully interfered with in any way, 17, 18. chief supervisor has power as U. S. commissioner, 18. as such, may compel attendance of witnesses, 18. and administer oaths, 18. and take testimony, 18. such testimony to be filed with clerk of House, 18. compensation of, and how paid, 21. Territory— U. S. laws applicable to elections in, 9, 12, 16, 26-41. may send delegate to Oongress, 73. how such delegate elected, certificate of election, etc., 73. Testimony — in contested election cases, how taken, 74-77. Threatening, etc., Electors. (See Voters; Crimes.) Title- to certain offices, how tried, 22, 23. of nobility, must be renounced when, 53. Troops- can not be at polls, unless, 6-8, 40. Township — U. S. election laws applicable to,' 9, 12, 26-41. Town— U. S. supervisor law applicable to what, 13, 18. Vacancies in Offlce, how filled — of representative to Congress, 1, 2, 70, 73. of president and vice-president, 3, 4, 67. of presidential electors, 65. what is evidence of, in office of president and vice-president, 68. of senators of TJ. S., etc., 70. Vice-President- who may be, and duties of, 2-5. who to act as, in case of his death, etc., 3. election of, 2-4, 64-68. resignation, etc., of, 68. who inelisfible, 4. 104 INDEX. Vote- right to, 1, 4, 5, n. 6, 8, 9. for president and vice-president, how conducted, 3, 41. for representative must be by ballot, unless, 73. suits for interfering with right to, where brought, 22-24. Voting — illegal, penalty for, 29-38. preventing elector from, by bribes, promises, threats, etc. ; penalty, 31-33. suit in such cases, where brought, 22-24. Voters — qualifications of, 1, 8, 9. U. S. officers can not interfere with, when, 8, 9. nor can State laws abridge rights of, except, 4, 9. ■ can not be deprived of rights by wrongful acts, etc . of whom, 8, 9, 11, 12. hindering, delaying, preventing, obstructing, controlling, etc., the exercise of the right of suffrage, or conspiring to do so; penalty, 12, 25-33, 39, 40. intimidating, etc.; penalty, 26-29. conspiring to injure, oppress, threaten, or intimidate ; penalty, 26-29, 39. redress of, in such cases, 12. registration of, mentioned or alluded to, 10-13, 15-19, 33-35, 39. who should, and whonmay, challenge, 16. U. S. laws relating to crimes by or against, 25-41. (See Crimes.) going in disguise, with intent to hinder, etc.; pejialty, 26-29. bribing ; penalty, 26-29. numerous unlawful acts by and against, at the polls; penalty, 29-34, 39. at registration ; penalty, 33-35. what officers chosen by, 64-68, 70, 73. Vk^arrant — hindering, etc., service of; penalty, 37. refusing to receive or serve, 37. Witness — in contested election cases, 75-79. Woman — when deemed citizen of U. S., 44. Date Due MtX T^'n nm-fcl^ iw j.' Library Buieau Cat. No. 1137 ^&^^^:iW¥Mi!^^J!^i'i'i Bpffti'*?y';HRi ' ..A.' ., .J)lWM^^t^K'':^''^^K^^^A<^^^\^M, ^T'.i, *) '"'ti' ''JiJil^?MJ3 i'M.'im^A}Ti^m\>iii^iimm:i.^M--\