Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-06-03
THE GOVERNMENT AND THE

THE GOYERNMEsT-, AND THE
- ..,-,,s-. 49, STATES a-I.,- =.
Alexander Hamilton, in No. SO of the
Federdli6t says: ........... I.
Suppose an article had been intro
duced into, the Constitution, empowering
the United States to regulate the elections
for the particular States, would any one
have hesitated to condemn it, both as an
unwarIantable transportation of power and
as premeditated engine for the destruc-
ton of State government"
Now let the, reader see what has been
done by act of Congress in the enforce
ment bill. There government has the
power to abridge, prevent or deny the
right to vote, and in an act of pains and
penalties which has the only merit of
being SO intolerable as to give good
ground for believing that no jury or
Judge will ever be found bad enough to
enforce it. at one dash of the pen it
takes away all safeguards against election
frauds, all attempts 10 enforce the purify
of elections created by the States. 49,.
The New York Express has critically
examined the bill and finds that the fines
and penalties run through twelve out of
twenty-three sections, and contain the
most extravagant puuishrnents for failures.
to perform certain duties or the commits
sion of forbidden acts. In one case th0re
is $500 fine and Imprisonment for q month
at least. There is no limitation to the
fine for it may be $4,000; impfison-
ment year. These penalties are cumu-
latiYe; you fine the man in an amount to
be given to. the informer, and then make
him guilty of apublic offense and fine
him again for the. lmisdemeanor. The
offenses, whether of omission OF commits
sion, are indefinite, which tends TO injus-i
tice. In section two an officer of election
shall not only "forfeit and pay $500 to
the person aggrieved thereby, to be re-
covered by an action on the case, with
full costs, and allowances for counsel fees
as the court shall deem just" but
''Shall also, for every such offense, be
deemed guilty of misdemeanor, and
shall, on conviction thereof, be fined not
less than $500, or be, imprisoned not less
than one month, and not more than one
year, or both, at the discretion of the.
court. u --s -----.- s-.-1.4 s.lti 4
Again, section six provides: n
That if two or more persons shall band
or conspire together, or 60 in disguise
upon the public highway, or upon the
premises of another, with intent to vio4
late any provision of this act, or to in
jure, Cypress, threaten, or intimidate any
citizen with intent to prevent or. hinder
his free exercise and enjoyment of any
right or privilege granted or secured to
him by the Constitution or laws of the
United States, or because of his having
exercised the same, etc.
An ex parte oath takes the place of
every guard which heretofore existed;
while herein the ex parte affidavit of any
man who wants to vote, and who. has
not complied with the prerequisites for
casting his vote, if made falsely, has no
punishment provided. An act that con-
tains. excessive penalties for the violations
of the act, contains no punishment for
the most fagitious of all offences, the
taking of a false oath, either TO iniure a
fellow-being, or to gain right to which
the party is not entitled Not word is
said in this bill for the white naturalized
citizen of the United States, as in Rhode
Island, for INSTANCE, where negroes now,
as for long time past, vote exempted
from qualifications that the Constitution
and laws of that State impose on white
naturalized citizens. - go 80 : -
Again, the Sd. section provides that
where man has not been assessed, or is i
not registered, nor performed any other
prerequisite required by the Constitution
and laws a a State before he shall vote,
be may. make bis ex parte affidavit that
be has proposed TO do, these things and
boon prevented, and if his vote is refused
~ a person whose sense of duty compels
lim to refuse it, then he is to recover
$500, with full costs and such allow
NICE of counsel. fees as the court shall
leem inst r. c. 10 r.s' ..- ~ -7-'s-5 i
Again, the United States Supreme
Court, in. the case of Prigg VS. Common 1
wealth of Pennsylvania, has decided that |
congress cannot impose any. duty on a |
state officer, oraenforce the performance
" State officer of any duty, and yet in |
be face of this decision, the 9Th section
avs. srs4r. l-z 81. F, -a-, .--5-..
That if in the-act of violating any pio-
ision' in either of the two preceding sec
ions, any other felony, crime or misde- |
leanor shall be committed, the offender, |
n conviction of such violation of said
ections, shall be punish al for the same
nth such punishments as are attached to i
ne said felonies, crimes fuid misdemean-
rs. by the laws of lhe Sfs1e in which the