reese argued decided october reese error circuit district kentucky case argued october term general williams phillips henry stanbery buckner defendants chief justice waite delivered opinion case comes hare reason division opinion judges circuit district kentucky presents indictment containing four counts sects act may stat two inspectors municipal election state kentucky refusing receive count election vote william garner citizen african descent questions presented certificate division arose upon general demurrers several counts indictment abandon first third counts expressly waive consideration claims arising enforcement fifteenth amendment constitution concession principal question left consideration whether act indictment found made effective punishment inspectors elections refuse receive count votes citizens qualifications voters race color previous condition servitude congress declared act done within state crime courts power treat hudson cranch claimed statute reach case unless one question looking statute find first section provides citizens shall otherwise qualified law vote election shall entitled allowed vote thereat without distinction race color previous condition servitude constitution state contrary notwithstanding simply declares right without providing punishment violation second section provides punishment officer charged duty furnishing citizens opportunity perform act constitution laws state made prerequisite qualification voting shall omit give citizens equal opportunity perform prerequisite become qualified account race color previous condition servitude applicant apply include inspectors election whose duty receive count votes citizens designated law voters already become qualified vote election third section effect whenever constitution laws state act shall required done citizen prerequisite qualify entitle vote offer citizen perform act required done aforesaid shall fail carried execution reason wrongful act omission person officer charged duty receiving permitting performance offer perform acting thereon deemed held performance law act person offering failing aforesaid otherwise qualified shall entitled vote manner extent fact performed act judge inspector officer election whose duty receive count give effect vote citizen shall wrongfully refuse omit receive count vote citizen upon presentation affidavit stating offer time place thereof name person officer whose duty act thereon wrongfully prevented person officer performing act shall every offence forfeit pay fourth section provides punishment person shall force bribery threats intimidation unlawful means hinder delay shall combine others hinder delay prevent obstruct citizen act required done qualify vote voting election second count indictment based upon fourth section act fourth upon third section rights immunities created dependant upon constitution protected congress form manner protection may congress legitimate exercise legislative discretion shall provide may varied meet necessities particular right protected fifteenth amendment confer right suffrage upon one prevents however giving preference particular one citizen another account race color previous condition servitude adoption done much within power state exclude citizens voting account race account age property education citizens one race certain qualifications permitted law vote another qualifications must previous amendment constitutional guaranty discrimination follows amendment invested citizens new constitutional right within protecting power congress right exemption discrimination exercise elective franchise account race color previous condition servitude express provisions second section amendment congress may enforce legislation leads us inquire whether act consideration legislation purpose power congress legislate upon subject voting state elections rests upon amendment effect art sect constitution respect elections senators representatives consideration contended amendment confers authority impose penalties every wrongful refusal receive vote qualified elector state elections wrongful refusal election race color previous condition servitude congress interfere provide punishment therefore third fourth sections act beyond limit unauthorized third section express terms limit offence inspector elections punishment provided wrongful discrimination account race conceded urged section construed precede claimed refers limited argument wrongful act part officer whose duty receive permit requisite qualification dispense actual qualification state laws substitute prescribed affidavit therefor mentioned prohibited sect wit discrimination account race consequently sect confined operation wrongful discrimination penal statute must construed strictly strictly indeed defeat clear intention congress words employed must understood sense obviously used wiltberger wheat taking whole statute together apparent intention congress thus limit operation act give effect statute contemplates important change election laws previous adoption general rule regulated way details elections prescribed qualifications voters manner offering vote election make known qualifications officers charge act interferes practice prescribes rules provided laws substitutes certain circumstances performance wrongfully prevented performance elector makes presents affidavit form effect prescribed inspectors treat equivalent specified requirement state law radical change practice statute creates explicit terms nothing left construction avoided law condition elector may act upon one idea meaning inspector upon another elector provisions statute required state affidavit wrongfully prevented officer qualifying words limitation part section case like affidavit language statute sufficient voter inspector laws prohibit things provide punishment violation double meaning citizen unnecessarily placed honest error construction penal statute may subjected prosecution false oath inspector elections put jeopardy equal honesty entertains opposite opinion statute limits wrongful act justify affidavit discrimination account race citizen makes affidavit wrongfully prevented officer true ordinary sense term subjects indictment trial conviction true prevented wrongful act statute contemplated limitation wrongful act exclusion justify affidavit give right vote without actual performance prerequisite inspector rejects vote reads law limited sense thinks confined wrongful discrimination account race subjects prosecution punishment misconstrued law penal statutes expressed language uncertain legislature undertakes define statute new offence provide punishment express language need deceive common mind every man able know certainty committing crime go beyond third section read fourth find words limitation reference even construed manifesting intention confine provisions terms fifteenth amendment section object punishment persons force bribery hinder delay person qualifying voting view facts feel compelled say opinion language third fourth sections confine operation unlawful discriminations account race congress power provide generally punishment unlawfully interfere prevent exercise elective franchise without regard discrimination language sections broad enough purpose remains consider whether statute general provisions made available punishment may guilty unlawful discrimination citizens exercising elective franchise account race attempt sections consideration provide specifically offence case provided comes general prohibition wrongful act unlawful obstruction particular therefore directly called upon decide whether penal statute enacted congress limited powers general language broad enough cover wrongful acts without well within constitutional jurisdiction limited judicial construction make operate congress may rightfully prohibit punish purpose must take sections statute able reject part unconstitutional retain remainder possible separate unconstitutional proposed effect attained striking disregarding words section inserting sections must stand whole fall altogether language plain room construction unless effect constitution question determined whether introduce words limitation penal statute make specific expressed general certainly dangerous legislature set net large enough catch possible offenders leave courts step inside say rightfully detained set large extent substitute judicial legislative department government courts enforce legislative ascertained within constitutional grant power within legitimate sphere congress beyond control courts steps outside constitutional limitations attempts beyond reach courts authorized called upon due course legal proceedings must annul encroachments upon reserved power people limit statute manner asked make new law enforce old one part duty must therefore decide congress yet provided legislation punishment offence charged indictment circuit properly sustained demurrers gave judgment defendants makes unnecessary answer questions certified since law gives presiding judge casting vote cases division authorizes judgment accordance opinion rev sect find judgment rendered correct need bo affirm however reverse questions certified may considered final determination case according opinion express answered judgment affirmed justice clifford justice hunt dissenting justice clifford concur indictment bad reasons widely different assigned well prohibited fifteenth amendment constitution denying abridging right citizens vote account race color previous condition servitude power vested congress second article amendment enforce prohibition appropriate legislation since adoption amendment congress legislated upon subject first section enforcement act provided citizens without distinction race color previous condition servitude shall otherwise qualified vote state territorial municipal elections entitled allowed vote elections constitution law custom usage regulalation state territory authority contrary notwithstanding beyond doubt section forbids discrimination white citizens citizens color respect right vote section provide person officer making discrimination shall guilty offence prescribe person officer guilty making discrimination shall subject fine penalty punishment whatever none counts indictment case however framed section necessary give consideration except far may aid construction sections act stat sect act deserve examination assumes certain acts may required done authority constitution laws certain laws certain territories prerequisite qualification voting certain persons officers may constitution laws charged performance duties furnishing citizens oopportunity perform prerequisites become qualified vote provides shall duty every person officer give citizens without distinction race color previous condition servitude equal opportunity perform prerequisites become qualified vote equal opportunity required section given citizens without distinction race color previous condition servitude perform described prerequisite provision section person officer charged performance described duties shall refuse knowingly omit give full effect requirements section shall every offence forfeit pay person aggrieved also deemed guilty misdemeanor punished therein provided sections applicable subject contained enforcement act reference hereafter made id four counts exhibited indictment defendants record shows defendants filed demurrer counts joined behalf two wit first abandoned argument examination confined second fourth record also appears defendants together one william farnaugh january lawful inspectors municipal election held day city lexington state kentucky pursuant constitution laws state inspectors charged law duty receiving counting certifying registering reporting giving effect vote citizens qualified vote said election ward city accusation set forth second count indictment one william garner said municipal election offered said inspectors polls said election said ward vote members said city council said poll lawful proper voting place precinct said william garner free male citizen state african descent resided said state two years said city one year next preceding said election resident said voting precinct ward offered vote sixty days immediately prior said election time offer vote qualified entitled alleged laws state vote said election offer due form vote said election made alleged said william garner charge said william farnaugh consented receive count register give effect vote party offering defendants constituting majority inspectors election power receive reject votes offered said poll said party offered vote unlawfully agree confer inspectors take receive certify register report give effect vote voters african descent offered said election unless voter offering vote besides otherwise qualified vote paid said city one dollar fifty cents preceding year january prior day election said agreement pleader alleges made intent thereby hinder prevent obstruct voters african descent account race color though lawfully entitled vote said election voting taken separately allegation afford support theory must considered connection allegation immediately follows count alleged follows defendants pursuance said unlawful agreement election aforesaid wrongfully illegally require demand said party offered vote aforesaid prerequisite qualification voting said election produce evidence paid said city proper officers said one dollar fifty cents year preceding january preceding day said election averment effect party offering vote refused comply illegal requirement demand produce evidence demanded required offences created statute well offences created common law rare exceptions consist one ingredient cases many rule universal every ingredient offence composed must accurately clearly alleged indictment indictment bad demurrer may quashed motion judgment may arrested sentence reversed writ error cook wall matters well pleaded true admitted demurrer equally true every ingredient offence must accurately clearly described indictment sufficient accurately clearly describe ingredients offence composed citizens without distinction race color previous condition servitude otherwise qualified vote state territorial municipal election shall entitled allowed vote election even though constitution laws customs usages regulations state territory allow even prohibit voter exercising right stat sect evidently purpose section place male citizen color elector footing white male citizen nothing else intended provision evident fact profess enlarge vary prior existing right white male citizens respect whatever conclusive support theory also derived second section act obviously passed enforce obedience rule forbidding discrimination colored male citizens white male citizens respect right vote elections charter city lexington provided tax shall levied free male inhabitant years age upwards except paupers inhabiting said city ratio exceeding one dollar fifty cents sess laws citizens without distinction race color previous condition servitude order may entitled vote election must free male citizens years age resident city least six months ward resides least sixty days prior day election paid assessed city january preceding day election sess laws white male citizens possessing qualifications vote required law find guaranty right exercise privilege first section enforcement act mandate section explicit imperative citizens without distinction race color previous condition servitude otherwise qualified vote state territorial municipal election shall entitled allowed vote elections even though forbidden account race color previous condition servitude constitution state laws custom usage regulation state territory election held disability vote every kind arising race color previous condition servitude declared first section act removed colored male citizen unless otherwise qualified law vote election entitled enjoy privilege white male citizen possess qualifications required law constitute legal voter election legal disability vote election arising race color previous condition servitude removed fifteenth amendment affirmed first section enforcement act congress knew full well cases arise want qualifications removed might prevent colored citizen exercising right suffrage election intent purpose second section act furnish citizens opportunity remove every disability enable become qualified exercise right punish persons officers charged duty regard unlawfully wrongfully refuse wilfully omit end hence provided act shall required done prerequisite qualification voting persons officers charged manner stated performance duties furnishing citizens opportunity perform prerequisite become qualified vote shall duty every person officer give citizens without distinction race color previous condition servitude equal opportunity perform prerequisite become qualified vote persons officers wrongfully refuse knowingly omit perform duty charged clause second section enforcement act commit offence defined section incur penalty subject punishment prescribed offence enough appears second indictment show beyond question sustained second section enforcement act count expressly alleges defendants inspectors time complaining party offered vote refused receive count produce evidence paid city one dollar fifty cents assessed preceding year payment appears law state prerequisite necessary qualification enable citizen vote election without distinction race color previous condition servitude express allegation count party offering vote refused comply prerequisite demanded vote received counted without complying prerequisite argument show allegations insufficient constitute offence defined second section enforcement act section act quite unnecessary appears terms allegations party offering vote irrespective race color previous condition servitude qualified voter election law state election held persons within category described first section enforcement act enacted shall entitled allowed vote election without distinction race color previous condition servitude citizens otherwise qualified vote election pending inasmuch alleged count party offering vote case otherwise qualified law vote time offered vote inasmuch excuse pleaded producing evidence establish prerequisite qualification clear supposed offence set forth sufficient certainty justify conviction sentence accused defects also exist fourth count becomes necessary considering questions defects present examine care third section enforcement act sect act differs respects second section example sect provides whenever constitution laws state laws territory act shall required done citizen prerequisite qualify entitle vote offer citizen perform act required done aforesaid shall fail carried execution reason wrongful act omission aforesaid person officer charged duty receiving permitting performance offer perform deemed held performance law act person offering failing aforesaid otherwise qualified shall entitled vote manner extent fact performed said act clause section enacted offer party interested perform prerequisite act qualify entitle vote shall fail reason specified effect actual performance prerequisite act provision judge inspector officer election whose duty shall receive count certify register report give effect vote citizen upon presentation affidavit stating offer time place thereof name officer person whose duty act thereon wrongfully prevented person officer performing act shall every offence forfeit pay sum dollars person aggrieved also guilty misdemeanor payment january preceding day election beyond doubt one prerequisite acts one referred part section equally clear introductory clause section wholly inapplicable case citizen claiming right vote election actually paid required election law state voters seasonably paid tax need opportunity perform prerequisite qualify vote third section act passed provide class citizens paid tax offered pay offer failed carried execution reason wrongful act omission person officer charged duty receiving permitting performance prerequisite qualified voters law state male citizens years age residents city least six months ward reside least sixty days immediately prior day election paid assessed city fifteenth day january preceding day election obviously payment time mentioned prerequisite qualify citizen vote purpose second section secure citizen opportunity perform prerequisite punish persons officers charged duty furnishing citizen opportunity perform prerequisite case person officer refuses knowingly omits duty regard grant still clear punishment offender retroact give effect right citizen vote secure public right vote received counted registered reported made effectural election injustice kind foreseen might done remedy difficulty third section passed purpose provide offer citizen perform prerequisite offer fails carried exection reason wrongful act omission person officer charged duty receiving permitting performance shall deemed held performance law act prerequisite person offering perform prerequisite failing reason wrongful act omission person officer charged duty otherwise qualified shall entitled vote manner extent fact performed prerequisite act nothing short performance prerequisite act entitle citizen vote election state opportunity perform prerequisite furnished required act congress whose duty furnish opportunity perform act refuse omit offer perform prerequisite act offer fails carried execution wrongful act omission whose duty receive permit performance prerequisite act shall effect law actual performance offer perform effect law actual performance case fails carried execution reason wrongful act omission person officer charged duty receiving permitting performance follows offer must made terms circumstances received carried execution constitute legal complete performance prerequisite act law state requires regared citizen offering vote election paid assessed city case one dollar fifty cents january preceding day election unless offer made terms circumstances accepted carried execution constitute legal complete performance prerequisite act person officer refused omitted carry offer execution incur penalty guilty offence defined section act properly alleged failed carried effect wrongful act omission person officer charged duty receiving permitting performance viewed light suggestions must offer contemplated third section act offer made terms circumstances accepted carried execution person officer made constitute complete performance prerequisite show party making offer otherwise qualified entitled vote election evidence entirely wanting show authors enforcement act ever intended abrogate state election law except far denies abridges right citizen vote account race color previous condition servitude every discrimination account forbidden fifteenth amendment first section act consideration provides remarked citizens otherwise qualified vote shall entitled allowed vote without distinction race color previous condition servitude constitution law contrary notwithstanding state election laws creating discriminations superseded regard fifteenth amendment enforcement act furnishes ground infer intended annul state election laws respect whatever congress intended third section act abrogate election law state creating prerequisite question quite clear second section wholly unnecessary useless regulation provide means enable citizens comply prerequisite abrogated treated null succeeding section statutes interpreted practicable avoid repugnancy different parts give sensible intelligent effect every one provisions ever presumed part statute supererogatory without meaning potter dwarris difficulties kind avoided held second section enacted afford citizens opportunity perform prerequisite act qualify vote punish person officer refuses knowingly omits perform duty furnishing opportunity intent purpose third section protect citizens consequences wrongful refusal wilful omission person officer receive give effect actuall offer citizen perform prerequisite made terms circumstances offer accepted carried execution whould constitute actual complete performance act made prerequisite right voting state law apply suggestions fourth count indictment clear allegations regard insufficent describe offence defined third section enforcement act beyond doubt general rule indictment offence created statute sufficient describe offence words statute safe admit general rule supported many decided cases highest authority equally certain exceptions exist rule well established rule result another rule criminal pleading framing indictments founded upon statutes paramount others one universal application every ingredient offence must accurately clearly expressed words indictment must contain allegation every fact legally essential punishment inflicted cook wall speaking principle bishop says pervades entire system adjudged law criminal procedure appears cases wherever move department jurisprudence come contact escape atmosphere surrounds us bishop cr sect archbold crim stark crim cr law rev sect steel smith barn ald examples kind held exceptions exist rule sufficient indictment founded upon statute follow words statute numerous show many exceptions become extensively recognized firmly settled rule pleading criminal law moreover says bishop must averment facts shows prima facie guilt defendant supposing facts set true possible nonexistence fact mentioned room escape prima facie conclusion guilt indictment insufficient exact case bishop cr sect plain says learned author full expression given statutory terms rules relating indictment left uncomplied indictment still insufficient must added conform also rules consequently general doctrine indictment sufficient follows words statute creating defining offence subject exceptions requiring allegation expanded beyond prohibiting terms sect general says marshall sufficient libel libel information charge offence words direct forfeiture proposition think universally true words describe subject law general think charge libel conform true sense meaning words used legislature mary ann wheat similar views expressed gooding wheat opinion given justice story first stated general rule sufficient certainty indictment allege offence terms statute proceeds remark say general doubtless cases particularity required either obvious intention legislature application known principles law known principles law require particularity case order ingredients offence may accurately clearly alleged equally clear intention legislature also requires thing obvious mere statement party offered perform prerequisite never intended made equivalent performance unless statement accompanied offer pay tax circumstances shown ready able make payment authorities necessary prove indictment upon statute must state facts circumstances constitute statute offence bring party indicted precisely within provisions statute defining offence statutes often framed says colby meet relations parties prevent frauds one upon framing statutes language used often elliptical leaving circumstances expressive relations parties supplied intendment construction cases facts circumstances constituting relation must alleged indictment though expressed words statute colby cr law people wibur park cr cas com cook monr pearce state sneed people stone wend whiting state anthony state cr law rev sect note cases cited like preceding counts preliminary allegations fourth count without objection jury proceed present party offering vote qualifications age citizenship residence required state law thirtieth day january order might become qualified vote said election offer collector office said city pay tax due said city theretofore assessed said city assessed said city said city said collector claimed due said city said collector wrongfully refused account race color give said party opportunity pay said preceding year wrongfully refused receive said tax said party order might become qualified vote said election said collector given citizens white race opportunity pay taxes due said city order might become qualified purpose alleged may admitted yet may true complaining party never made offer time place mentioned pay one dollar fifty cents due city time place mentioned terms circumstances offer made accepted person officer offer made person officer done every thing duty every thing power carry effect offer constituted performance prerequisite act actual payment january preceding day election prerequisite act performed qualify citizen without distinction race color previous condition servitude vote said election offer therefore order may deemed held performance law prerequisite must offer pay amount party making offer must possess ability means pay amount person officer offer made unless payment amount tax made said person officer authorized discharge tax carry offer execution without violating duty city readiness pay therefore necessarily implied language third section case offer fails carried execution reason wrongful act omission person officer charged duty receiving permitting performance offer deemed held performance law prerequisite act party making offer ready pay tax person officer offer made means make payment held offer fails carried execution reason wrongful act omission person officer offer made perversion law good sense hold duty person officer carry offer execution discharging tax without receiving amount tax party making offer performance giving full effect several allegations count nothing approximating requirement therein alleged thing kind implied word used part indictment performance prerequisite citizens otherwise qualified entitles without distinction race color previous condition servitude vote election offer perform offer made terms circumstances accepted carried execution constitute performance also entitle citizens vote manner extent performed prerequisite provided offer fails carried execution reason wrongful act omission person officer charged duty receiving permitting performance judges inspectors officers elections must take notice provisions constitute essential element ingredient offence defined third section act officers elections whether judges inspectors required carry regulations full effect provision judge inspector officer election whose duty shall receive count certify register report give effect vote citizens shall wrongfully refuse omit receive count certify register give effect vote citizen upon presentation affidavit stating offer time place thereof name officer person whose duty act offer citizen wrongfully prevented person officer performing prerequisite act shall every offence forfeit pay sum person aggrieved also guilty misdemeanor fined imprisoned therein provided course must assumed terms affidavit exactly set forth third count indictment follows word used affidavit must receive construction already given word part section provides offer fail carried execution reason wrongful act omission person officer charged duty receiving permitting performance shall deemed held performance law prerequisite act decisive confirmation view derived fact complaining party required state affidavit offer time place thereof name person officer whose duty act thereon affiant wrongfully prevented person officer performing prerequisite act none deny presumed word affidavit means thing word used declaratory part section must held offer described affidavit must one made terms circumstances offer accepted might carried execution person officer made words must offer whatever necessary perform prerequisite act follows word used act congress necessarily includes readiness pay tax equally clear affidavit contain statement plainly must unless offer scope failed carried execution held failure wrongful act omission person officer offer made construction must erroneous adopted lead consequences shock publice sense require collector discharge tax without payment manifest violation duty taken point view clear third count indictment vague uncertain indefinite allegations constitute proper foundation conviction sentence defendants even suppose signification word sufficiently comprehensive include readiness perform explicitly denied still clear offer pleaded fourth count season constitute compliance prerequisite qualification reason state statute requires shall paid fifteenth day january preceding day election come conclusions necessary examine fourth section enforcement act reason obvious without much examination one counts indictment sufficient warrant conviction sentence defendants offence defined section justice hunt compelled dissent judgment case defendants indicted circuit district kentucky upon trial defendants judgment discharged indictment account alleged insufficiency fourth count indictment contains allegations concerning election city lexington statute kentucky entitle one vote election state voter must possess certain qualifications recited paid tax assessed city lexington james robinson collector said city entitled collect said tax garner order might entitled vote offer said robinson office pay assessed claimed robinson refused receive tax account race color garner time election necessary qualifications garner offered vote time presented affidavit inspector stating offer aforesaid made robinson particulars required statute refusal robinson receive tax farnaugh consented receive vote defendants constituting majority inspectors wrongfully refused receive refusal account race color said garner indictment based upon act congress may stat first four sections act follows citizens shall otherwise qualified law vote election people state territory district county city parish township school district municipality territorial subdivision shall entitled allowed vote elections without distinction race color previous condition servitude constitution law custom usage regulation state territory authority contrary notwithstanding authority constitution laws state laws territory act shall required done prerequisite qualification voting constitution laws persons officers shall charged performance duties furnishing citizens opportunity perform prerequisite become qualified vote shall duty every person officer give citizens equal opportunity perform prerequisite become qualified vote without distinction race color previous condition servitude person officer shall refuse knowingly omit give full effect section shall every offence forfeit pay sum person aggrieved thereby recovered action case full costs allowance shall deem shall also every offence deemed guilty misdemeanor shall conviction thereof fined less five hundred dollars imprisoned less one month one year discretion whenever authority constitution laws state laws territory act shall required done citizen prerequisite qualify entitle vote offer citizen perform act required done aforesaid shall fail carried execution reason wrongful act omission aforesaid person officer charged duty receiving permitting performance offer perform acting thereon deemed held performance law act person offering failing aforesaid otherwise qualified shall entitled vote manner extent fact performed act judge inspector officer election whose duty shall receive count certify register report give effect vote citizen shall wrongfully refuse omit receive count certify register report give effect vote citizen upon presentation affidavit stating offer time place thereof name officer person whose duty act thereon wrongfully prevented person officer performing act shall every offence forfeit pay sum person aggrieved thereby recovered action case full costs allowance shall deem shall also every offence guilty misdemeanor shall conviction thereof fined less imprisoned less one month one year discretion person force bribery threats intimidation unlawful means shall hinder delay prevent obstruct shall combine confederate others hinder delay prevent obstruct citizen act required done qualify vote voting election aforesaid person shall every offence forfeit pay sum person aggrieved thereby recovered action case full costs allowance shall deem shall also every offence deemed guilty misdemeanor shall conviction thereof fined less imprisoned less one month one year discretion said opposition indictment hostility statute drawn second section makes penal offence officer refuse opportunity perform prerequisite therein referred account race color party therefore indictment officer may good violation fifteenth amendment third section relates inspectors elections omits reference race color therefore indictment sustained officers said congress power punish violation rights elector generally violation attributable race color condition said also prohibition act congress general language prohibition act account race color hence insisted statute indictment insufficient understand basis opinion majority observe intention congress subject plain discussed fifteenth amendment adopted object secure lately enslaved population protection violations right vote account color previous condition act entitled act enforce right citizens vote several union purposes first section contains general announcement right embarrassed fact race color previous condition second section requires equal opportunity shall given races providing every prerequisite voting officer violates provision shall subject civil damages extent fine imprisonment suppose congress making provisions intended impose duty upon subject penalty officers perfect exercise right vote wit inspectors receive reject votes quite absurd garner citizen african descent offered collector taxes pay existing claimed exist prerequisite voting election held city lexington thirtieth day january collector illegally refused allow garner account race color make payment brought garner case within terms third section statute person offering failing made offer illegally rejected account race entitled vote fact performed act made affidavit setting forth facts stating particularity required statute wrongfully prevented paying tax presented inspector wrongfully refused receive permit vote account race color wrongful refusal receive vote fact incompetent reason act account race color inspector within statutory provisions respecting race color words aforesaid provisions respecting race color first second sections statute incorporated made part third fourth sections illustrate sect enacts person unlawful means shall hinder prevent citizen voting election aforesaid shall subject fine imprisonment words aforesaid mean mean causes pretences upon grounds first second sections mentioned account race color person prevented necessary words expression incorporated fourth section true words wrongful act omission aforesaid person offering failing aforesaid third section application words aforesaid become pertinent pointed unless construed wholly absolutely without meaning meaning possibly given person garner offering failing aforesaid shall entitled vote performed act failed aforesaid account race inspectors thereupon refused receive vote paid race color prevented payment words prevented voting aforesaid fourth section third section words refuse aforesaid sufficiently accomplish purpose statute amount enactment refusal receive vote account race color shall punished third fourth sections declared better satisfied construction statute looking senate debates time passage find attention called point whether act make offence dependent race color previous condition conceded charge bill language must embrace class cases satisfied bill stood appears act considering particularity required indictment statutory description offences times extreme distinctions almost ridiculous think cases good sense sacrificed technical nicety sound principle carried extravagant extent object indictment apprise accused charged object statute declare define offence intended made punishable laid charge absolute perpetration offence primary characteristic lies intent instigation motives party towards perpetration acts accused important developing mala mens constituting crime need spread upon record almeida whart prec note whart note case us acts constituting offence spread indictment alleged defects facts constituting mala mens refusal receive affidavit evidence tax paid garner rejection vote essential acts defendants constitute guilt rest matter motive instigation extreme particularity strict construction expected indictments penal statutes seem necessary sickles sharp johns said rule penal statutes strictly construed admits qualification plain manifest intention legislature regarded hartwell wall said object construing penal well statutes ascertain legislative intent words must narrowed exclusion legislature intended embrace intention must gathered words words general embrace various classes persons authority restrict one class purpose alike applicable ogden strong paine said must construed make parts harmonize give sensible effect presumed legislature meant part statute without meaning effect morris pet statute made unlawful person serve vessel employed made use transportation slaves one foreign country another slaves actually received transported board defendant vessel held words statute embraced case vessel sailing intent employed say penal statute extended beyond plain meaning words yet evident intention legislature defeated forced overstrict construction case donna mariana dods vessel condemned sir william scott english statute condemning vessels slaves exported transported carried although outward voyage never taken slave board result general intent statute prevent certain acts subordinate proceedings necessarily connected coming within intent embraced provisions id hodgman people den id act subjecting offender penalties prior act held subject indictment well pecuniary penalties prior statute provided especially liberal rule construction prevail though form statute penal fact protect freedom examination surrounding circumstances knowledge evil intended prevented clear statement statute acts prohibited made punishable certain knowledge legislative intention furnish rule language statute us construed motives instigating acts forbidden acts brought within jurisdiction federal authority need set forth technical minuteness reference made intent fully set forth second section held references third fourth sections motives instigations declared second section incorporated became part third fourth sections sufficient offence authority therein stated hold therefore third fourth sections statute considering provide punishment inspectors elections refuse votes qualified electors account race color indictment sufficient statute sufficiently describes offence opinion majority discusses subjects except sufficiency indictment validity act may holding valid law upon crime charged predicated became unnecessary opinion discuss points held indictment good statute created offence charged question arisen whether statute constitutional question much larger part argument counsel cause directed conclusions reached correct question directly presents trust unbecoming views upon constitutional points thus arising set forth warrant say views entertained associates opinions arguments writer question constitutionality act may arises mainly upon fifteenth amendment constitution follows right citizens vote shall denied abridged state account race color previous condition servitude congress shall power enforce article appropriate legislation observe first place right protected behalf particular class persons wit citizens limitation persons concerned class cases question shall arise right citizens vote right vote election officers subject provision person protected must citizen whenever right vote exists person case within amendment literal grammatical construction language intention congress appear many considerations originally introduced mr senator henderson read state shall deny abridge right citizens vote hold office account race color previous condition globe pt judiciary committee reported back resolution right citizens vote hold office shall denied abridged state account race color previous condition servitude congress appropriate legislation may enforce provisions article id omitting words hold office form adopted class persons indicated original resolution protected described citizens state resolution reported committee citizens neither resolution limitations character elections vote given right vote person offering vote citizen clause attached illiberal illogical say protection intended limited election particular officers wit take part affairs federal government congress completing third series amendments intended protect rights newly emancipated freedmen south adoption thirteenth amendment slavery involuntary servitude exist within place subject jurisdiction took first great step protection confirmation political rights class persons adoption fourteenth amendment persons born naturalized subject jurisdiction thereof citizens reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws strong measure direction taken higher privilege yet untouched security vastly greater thus far given colored race provided contrary exclusion permitted elective franchise right vote elections country officers country governed second section fourteenth amendment state power refuse right voting elections class persons consequence reduction representation congress proportion excluded class bear whole number male citizens age years understood mean mean one late slaveholding desire exclude colored population right voting expense reducing representation congress existence large colored population southern lately slaves necessarily ignorant disturbing element affairs overlooked confronted us always everywhere congress determined meet emergency creating political equality conferring upon freedmen political rights possessed white inhabitants state believed newly enfranchised people effectually secured protection rights life liberty pursuit happiness giving greatest rights among freemen ballot hence fifteenth amendment passed congress adopted power state deprive citizen right vote account race color previous condition servitude impede obstruct right account expressly negatived declared right citizen thus denied abridged persons affected citizens subject right persons vote specified elections specified officers federal officers state officers right vote broadest terms citizen country nearly every thing submitted popular test office eagerly sought possesses right vote holds powerful instrument advantage political personal importance large bodies emigrants among us intrusted early period right vote well known every man observation far ballot freedman abridged degree importance security diminished state rights municipal rights touch numerous affairs life federal government less numerous men less important congress possessing making constitutional amendment unlimited power propose intended confine great guaranty single class elections wit elections officers scarcely credited hold therefore fifteenth amendment embraces case elections held state municipal well federal officers first section act may wherein right vote freed restriction reason race color condition elections people county town municipal subdivision justified constitution contended also case us denial abridgment state kentucky right garner vote election question state said statute authorized vote illegally prevented voting unauthorized illegal act inspectors word sometimes people community individuals less closely political relations inhabiting temporarily permanently country often denotes country territorial region inhabited community unfrequently applied government people live times represents combined idea people territory government difficult see senses primary conception people community people whatever territory dwelling either temporarily permanently whether organized regular government looser less definite relations constitute state constitution term frequently expresses combined idea noticed people territory government state ordinary sense constitution political community free citizens occupying territory defined boundaries organized government sanctioned limited written constitution established consent governed union common constitution forms distinct greater political unit constitution designates makes people compose one people one country texas white wall word confined meaning legislative power community evident authority cited reference various places used constitution referred power congress commerce among several sect subd refers commerce inhabitants different transactions political organizations called people state intended word numerous cases provision considered cases questions arose upon individual transactions citizens different rights upon territory different bound one state shall obliged enter clear pay duties another sect subd refers region locality electors president shall meet respective vote art sect subd ordained judicial power shall extend controversies two state citizens another state citizens different citizens state claiming lands grants different state citizens thereof foreign citizens subjects art sect subd find different meaning attached word different parts sentence controversy two spoken refers political organizations known controversy state citizens another state refers political organization party persons living within locality citizens composing second party may reside controversy citizens different citizens state claiming lands grants different refers local region territory described first branch sentence political organization grantor second branch faith credit shall given state public acts records judicial proceedings every state art sect full faith shall given throughout territory state sovereign state agencies authorities faith credit given acts political organization known state agencies acts executive acts courts record expression connection refers includes agencies agencies legislation congress authority directed question arising upon agencies courts questions judicially presented hampton mcconnell wheat green sacramento bank alabama dalton judicial proceedings state mean proceedings courts state never doubted constitutional authority provide credit given records lawful provide credit given records courts state purpose state provision shall guarantee every state republican form government guaranty people state may exercised favor political power called seems plain constitution speaks state prescribes may may includes cases agencies instrumentalities state acts intended prohibition shall upon legislative action expressed thus art sect subd provided state shall pass bill attainder ex post facto law law impairing obligation contracts provision state shall impair obligation contracts state shall pass law impairing obligation contracts word fifteenth amendment construed paragraph heretofore quoted respecting commerce among declares acts state shall receive full faith credit every state include acts proceed authority state political organization called act agents may act convention legislature governor magistrates officers lower degree whoever authorized wield power state state whether acts within powers exceeds convention state kentucky ordain legislature enact person african descent formerly slave entitled vote elections ordinance law void excess power body enacting possess validity whatever doubted however afford ground jurisdiction courts fifteenth amendment state speaks acts agents although agents exercise powers possess state possess although action illegal inspectors elections represent state exercise whole power state creating actual government reception votes declaration results votes wilfully corruptly receive illegal votes reject legal votes make false certificates usurper obtains office act case act state result must abided corrected action courts matter erroneous illegal corrupt may action upon subject appointed manage binds parties action state legal measures taken annul authorized state act premises act contrary instructions duty nevertheless officers state acting upon subject committed state acts state legislature speaks officers act voice act equally state opinion therefore refusal defendants inspectors elections receive vote garner refusal state kentucky denial state within meaning fifteenth amendment right vote contended congress power enforce provisions amendment enactment penal laws power enforcement provided limited correcting erroneous decisions state presented federal courts appeal writ error example said declared state shall deprive person life liberty property without due process law declaration intended guaranty commission murder false imprisonment robbery crimes committed individual malefactors give congress power pass laws punishment crimes several generally far act may shall held include cases dependent upon race color previous condition far power impose pains penalties offences may arise called upon discuss subject far argument applied legislation offences committed account race color hold entirely unsound sound brings impotent conclusion vigorous amendments subject slavery protection ignorant freedman hostile legislation personal prejudice tedious expensive uncertain course litigation state courts thence appeal writ error federal courts practically remedy well amendments passed rights infringed one thousand remedied protected process adopting fifteenth amendment ordained second section thereof congress shall power enforce article appropriate legislation done remove doubts existed former power add least weight repetition existing power held bank cases cases mccullough maryland wheat gibbons ogden id new york miln pet knox lee wall dooley smith id congress determine whether necessity arisen called action congress adjudges necessities country require establishment bank issue notes judgment conclusive upon within power review congress authorized desires protect freedman rights citizen voter may prejudiced unscrupulous hostility newly conferred rights manifest course enact possess right provide facilities exercise appointing proper superintendents special officers examine alleged abuses giving jurisdiction federal courts providing punishment interfere right countries abound laws punishment violate rights others either property person much trespassers may punished peaceable citizen may protected punishment means protection end arrest conviction sentence imprisonment one inspector refused vote person african descent account race effectually secure right voter number civil suits state courts prosecuted timid ignorant penniless parties possessing wealth influence sentiment community certain fact legislation taken congress considering appropriate effectual means enforcing amendment legislation respect constitutional also proved previous action congress art sect subd constitution provides follows person held service labor one state laws thereof escaping another shall consequence law regulation therein discharged service labor shall delivered claim party service labor may due time adoption constitution containing provision slavery recognized legal many rights slaveholder slave intended protected clause enforce protection congress time time passed laws providing means restoring escaped slave master inflicting punishment upon violated master rights thus early congress enacted master agent might seize arrest fugitive slave upon obtaining certificate judge magistrate carry back state whence escaped return slavery every person hindered obstructed master agent harbored concealed fugitive notice subject damages penalty recovered benefit claimant proper try stat act stat circuit courts ordered enlarge number commissioners view afford reasonable facilities reclaim fugitives labor ninth section act provided person wilfully obstruct hinder removal fugitive either without process rescue aid abet attempt escape harbor conceal fugitive notice either said offences subject fine exceeding imprisonment exceeding six months indictment conviction shall pay forfeit way civil damages party injured illegal conduct sum fugitive lost aforesaid recovered action debt prigg pennsylvania pet legislation held valid held sims case cush act constitutional state tribunals writ habeas corpus interfere federal authorities acting upon cases arising act ableman booth held act constitutional provisions habeas corpus state laws must obeyed authority must executed case prigg decided act booth act pertinent present question former case held act far authorized owner seize recapture slave state union requiring aid legislation either state national clause relating fugitive slaves said found national state constitution said necessary conclusion absence positive provision contrary national government bound departments legislative judicial executive carry effect rights duties imposed upon constitution doctrine useful present time pertinent point considering clause protecting freedmen like sustaining rights slaveholders found federal constitution like former provides means enforcing authority fines imprisonments federal courts national government bound departments carry effect rights duties imposed upon constitution connection clause constitution quoted found express authority congress enforce appropriate legislation yet decide congress power enforce provisions fine imprisonment right legislate subject belongs congress exclusively courts ready apply sound principles constitution provision contitution decisions seem furnish rule deciding constitutionality law question rather provides life liberty property shall interfered except due process law necessary consider far congress may legislate upon individual crimes provision right view legislation wit enforcement fifteenth amendment means penalties legal principle indictment contain good counts bad counts judgment guilty upon whole indictment sustained record shows considered every count indictment insufficient judgment entered discharging defendants without day whole indictment upon view taken validity fourth count judgment erroneous reversed trial ordered upon indictment