The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1870-06-17

vpvStSfiyn MYyVN ve v0eu .HVt I0S3
tkAN teV1 and be lmptisohsd hSt Iess
,.li.l shsn ~. one nshth aud 'het ihots shah
Tho tettns of lhls section are 20
sNsae aud sweeplbh even wlshsst no
''ot otherwise" ptuVislen, that II puts
The eltiseh. ehtirelS III tho power oI
che ahsernpulous, aud offers q rremi.
un, thr tho eo,nmtssion Of perjury.
The tifth section provides,
"fhnt any person who shalt be de.
t,rived uf any office, except that vr n
incmhrr Of CnMgtess or member Of q
state Legislature, w. reason Of a vio-
lalton uf tho proviston Of this act
That ts, by not allowing people to
vote who aro entitled 10 vote shall
he entitled 10 recover posses.
sion of such Office By writ Of muuda.
,pHs."
This as tho Senator shows with
great force and sarcasm, is an absurd
provision, rs tho nandam"s, is q pro.
cecding entirely unknown and impro-
per in cases of contested elections. 1t
is n writ commanding somebody to
do something, or show tho reason
why not? But in these cases TO whom
will you direct tho writ?
Section sixth is as follows.
"That tho district courts of the
United States, within their respective
districts. shall have, exclusively of
the courts Of the several States, cog
nizancc of all crimes and offences
committed against tho provisions of
this act, and also, concurrently with
tho circuit courts Of the United
States, Of all causes, civil and crimi-
nal, arising under this act, except rs
otherwise provided in tho fifth section
hereof"
These offences arc all much better
provided against in tho State laws,
and much more eifectually punished.
Section seven enables any one upon
making affidavit before n U. S. Com
missioncrto have the registrar or Judge
Of election arrested, and sent perhaps
ono or two hundred miIcs for trial
thus defeating registry Or stopping
an election.
Section eight is as follows:
"That it shall bo the duty of all
marshals and deputy marshals to
obey and execute all warrants and
prccepts issued under the provisions
of this act, when TO them directed I;
and should any marshal or deputy
marshall refuse to receive such war
rant or. other process when tcndefcd,
or to use all proper means diligently
to execute the same, ho shall, on con
vict:on thereof be fined in the sum of
ono thousand dollars, to the use of
tho person deprived Of tho right con-
ferred by this act"
Here again wo have an accumu-
lation Of pains and penalties, instead
of leaving tho aggrieved voter to his
common law remedies.
Section nine is another of pains and
penalties. Section ten provides:
"That tho commissioners, district
attorneys, tho marshals, their depu-
tics, and tho clerks Of the said district
circuit and territorial courts shall be
paid for their services the like fees
as may he allowed to them for similar
services in other cases. Tho person or
persons authorized to execute tho pro.
cess to ho issued by snch commission.
ers for tho arrest Of offenders against
the provisions Of this act shall be ch.
titled to n fee Of ten dollars for each
person hc or they may arrest and
takc before any such commissioner Us
aforesaid, with such other fees rs may
be deemed reasonable by tho commits.
sioner for such other additional scrvi.
cos as may be necessarily performed
by him or them, such rs attending at
tho examination, keeping the prisoner
in custody, and providing him with
food and lodging during his detention,
and until tho final determination OF
such commissioner, and in general for
performing such other duties IA may
be required in the premises, such fees
TO be made up in conformity, with
tho fccsnsuaily charged by the Off
cers Of tho courts Of justice within
the proper district or county, as near
rs may bo practicable, and paid out
of. the Trcsury of tho United States
on tho certificate of the Judge of the
district within which the arrest is
made, and to be recoverable from the
defendant as part of the Judgment in
case of conviction"
Hero again arc enormous fees fol-
very littlo work-a bribo to stimulate
the e'commencemcnt of thcsc prosccu
tions.
| Section eleven is as follows:
"SEc. II. And be it further enacted
That whenever the President of the
United States shall have reason 10
believe that offenses have been or are
likely to be committed against the
provisions of this act within any ju-
dicial district, it shall be. lawful ior
him, in his discretion, to direct the
judge, marshal, and district attorney
of such time as. may designate for the
purpose of the moro speedy arrest
and trial of persons charged with q
violation of this act; and it shall be
the duty of every Judge or other of.
ficer, when such requisition shall be
received by him, to attend at the