Against those laws, no offense is
charged to have been committed. Such power, if it exist, must be
somewhere expressly granted, or it must be necessary in order to execute
some power that is expressly granted.
The Act of Congress in question, became a law on May 31st, 1870. It is
entitled--
"AN ACT TO ENFORCE THE RIGHT OF CITIZENS OF THE UNITED STATES TO VOTE IN
THE SEVERAL STATES, AND FOR OTHER PURPOSE."
The indictment is found under the 19th section of the Act as it passed
originally, and the 20th section as amended by the Act of February 28th,
1871.
The 19th Section, so far as it is necessary to quote it here, is as
follows:
"_That if at any election for representatives or delegates in the
Congress of the United States any person shall knowingly_ personate
and vote, or attempt to vote, in the name of any other person,
whether living or dead, or fictitious; or vote more than once at
the same election for any candidate for the same office; or vote at
a place where he may not be entitled to vote; _or vote without
having a lawful right to vote, ... or knowingly and wilfully
receives the vote of any person not entitled to vote_, or refuses
to receive the vote of any person entitled to vote; .
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