The Republican journal., 1870-06-30

bill he Will perceive how very general it is in its
terms. 1t is general that might apply to it the
old Latin maxim, Dolus latet in generulibus-
fraud lies in ,generaties. Read the bill through
and you will find that there are penalties for omis-
sion ana commission. The legal certainty on which
10 frame an Indictment is not apparent. Some of
the sections punish a man if he does not comply
win me Dill The accused has no exact defn-
tlon OF his ohense. If an officer ''reflse or know
nSy omit to give effect to this section'-such are
lhe WORDS, torsooth, on which to draw an indict-
ment. How can the astute lawyer from Ohio, who
tleman Mr.. Davsl who distinguished himself SO
much In criminal practice the other day in New
ork and who is now looking me in the face
Llaughterl-how could they or either of them with
all thelr sklll draw an Indictment under such gen
eral clauses:
a. This bill destroys the right of trial by jury.
Ihls Is another point to show the lawyer craft or
unlaWyer-ke craft of this bill In the third section
where person offers and fails to perform an act,
he is allowed to vote; and the officer who fails to
give efiect to ms vote, on presentation of parte
afdavlt OF the facts, is liable to $500 to the ag-
grleVed party This sum, no less. is to be recover
cd in the Old common law action ON the case Costs
and counsel fees also, and fine and Imprisonment!
Now, as to the civil action. one familiar with the
Constitution might infer that Sin suits at common
law like actions in case, ''Where the value in con-
troyersy shall exceed twenty dollars, the right of
trial by jury" should be preserved according to the
seventh article of the Constitution! But the pre-
,SheiouN N'sCdtltS WHO framed lnS Dill WISH ID
preserve the Constitution by breaking it. They
upset jury trial to punish votersno of their party
by the third section they consider first, an offer to
10 as the act done; second. give effect to the deed
and third, then provide civil remedy, based on
an ef I0tte affidavit of the plaintiff. and command
Judge and jury to fine at least $500 damages. The
Jury can fine no less. Was there ever such blind
ness and docy? Is this preserving iurv trial. 1t
this preserving public liberty, or its great safe
guard?
3. This bill discriminate, in favor of the black
and against the white.
The fifteenth amendment is understood by the
House. The power to ''enforee" it is also under
stood. What is appropriate legislation" for its
enforcement is not so well understood.
you turn to section five of this bill you will
that it allows hindrance, control and intimidation
OF white voter, but it makes it crime to hinder,
control, or intimidate Il black citizen. Aside from
the general and loose words of this penal statute,
is it not strange that again in the twenty y-third
section there is similar provision: In spite of the
fifteenth amendment TO the Constitution against
discrimination, this bill does discriminate, and in
favor of the black and against the white. This
alone Is enough to condemn this bill. But as this
has been elaborated by my friend Mr. Beck pass
to the
Sixth point in the bill. | refer to the clause
which compels State officers to enforce Federal laws.
u. in the second section these State officers are
compelled to act as Federal agents. and Il penalty
fixed for their non-pertormance This is section
coming from the old fugitive slave laws, and in de-
defiance of the decisions of the courts.
I. pass to the other points, as cannot go over
all of the enormtes of this bill III the short time
allotted to me. would call attention to the fact
referred to by the gentleman from Indiana Mr.
Kerr that this bill provides all through for lawyers
-shysters, he designated ACKNOWLEDGEMENTS who
get counsel fees at pleasure out Of the Treasury
for hunting up these cases II taxes our people
for this despcabe business, at the pleasure of the
ruling powers. But this is not its worst feature
The crownine odium of the bill il that it provides
for spies and intormer>; and this is the olium OF
history. lnormers are the mcane>t lass OF men
ever nut under the mcrOScope for rational lisSec
ton
| have said that the inf1rmer is the odun of his
tory SO he has been in MI ages This bill is 10 bt
yitaliZed with his leprouS nrpsence The learned
gentleman Mr. Bngham) is familiar with the char
acter; its portrait has been drawn by master hands
The noriner appeared in many a piece before he
was presented in this bill He has asSailed with
! his lucrative perjury many an innocent man in
other lands: he is rs old as the ''mcanchov scenes
and mur,lerollS plots Of the meal-tub and the Rive
Houses IL old As Titus oates. the common
vouchct OF base accusation" His deteStabe char
acter was depicted by the great IRISH orator IL
have hcard,' said Curran IN Fmncy's case. sol
assassination by sword, by pistol, and by dagger
but here is a wretch who would dip the evangelist
in blood if he thinks he has not sworn his victim tt
death. without mercy and without end" and then
bursting into an indignant flame of inyectiye h,
makes this picture of the hateful d.al0tis ers0ua
of this bill il is familiar TO the schOO-hoy in hi,
declamatonS. but ii is fit to be here rs.pr oucee
..n,t tbo lnarnol oa,tlnnan i f,rtber nlan.oa r.
cav that o t.,r.r hs h ,h "a a. rnn ~
with thc nnootIr.mon,nnt of IL tnrmar. Th;. 40,
tiamen i anothnT snaii f,rt ,%at vn, ,a t iIan,
at the hoz,,I Of vo,,r snI anJ mno, tLo SoJnnn;tt
nj vo,,r nntbs ~, ~, ,1,,a, ,our ~ at, j, IN, -
The sister rnIintrv tbHt tb ,,nvnrnmnnt 81 Irai,n
uses no surh nhominabe Instruments Of jesrnctinr
os intormrrs ! rt me- ask ,n,, hnnaStlv ,yhnt 40
Won feel when in nv hnarino when in tbn t.,ra nf
This audience Won 1re called mon to Give , yn,.t
that every man of Won know hy thc testimony ol
YOUR own ewes TO he ltt.,lv and absolutely false
i speak not now of the public urorlam9tion of in.
formers with nro,nisp of secrecy ,nd Of vtravn.
prt reward. / sneak not of tLn fita nf tbosn horrd
wretrhas who havo ha.u 50 ntfon trnnST.rrn5 fron,
DO t,lo 10 ~, I,l- ,, ,o,,, H., IN. - tl LII
, W. .o 10 ~ h, % 'l lioi,i 'ic uoh " Wy t,il-
W w. Sio'h ~ Mii' N"" ~" ~ nav sceli 'i's
so, oea t u uu,l,s ee course VI t,tS co'illssio
i rom ens DON "n:le on ut no" Shllh9 lhe mum
% DC. Vi h".f,. H., ,h.seIeaia> VINO No"eu upon lell
o'ns .i't my hau come from the very Se;t' %
.le ''stl,' MheIe ,ny hi1u peel
nom n,o ny e'l VI uum t te noPts &
tht ith iI nv ~ ~ t,
n '"o i,''l H., VI IN ~ g! II
xxx @ ~, III ,, ~ tt, - "i ' ~, N GO" ,:, ~ @ - ii' =. ~
III IL; ] ~ ~ @ -. sii' /, p1'i " :. il ~
a III, & ' @ nr, VIM " '>''' anu ~
..is III tnv nr = # f.t, I.vo wa, rot ,oo,,
hin, ff., III H. ,,rrnoti,' ~ M ro,, tht t,,l III tx, Il
h,nin@ hao, , nnt nf ,h ra;n,, of Io.t an
norr,ntion mi, his anna.rlnc, i1nnn th thIo tha
livinn imn@ Of lG. ,nd Innth and thn s,nrnn,o nv.
hitrr of hofh > Have vou not mnrknI yyhnn hn en.
tered how the stnrmv waye If the multnIc rrtiral
at his ,nnron.h5 U,vn van NOT n,a,l,nI how thn
in thr undisSen,baI bom,oa Of ,lnf,rant,j hnrror
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