The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1870-06-08

tlOn OF rdce, cOlof, or previous conul
ton of servitude, any law, custom
usage, or regulation of any state. o
territory, or by or under its authority
to the contrary Notwithstanding
The only observation L have. f
make about that is that the thing i
wholly unnecessary and nugatoiy j
the fifteenth amendment is n part O
the constitution of the United States
You cannot add any strength to tn
fifteenth constitutional amendmen
in the shape of statute. The
whole thing, therefore, is simply in
officious and nugatory.
CONGRESS AS THE SUPERVISOR
OF STATE OFFICERS. ...
! What is the second section?
| Sec. 2. Ind be 1t further enacted
That if by or under the authority o.
the constitution or laws of any state oil
the laws of any territory, any act is
or shall be required to be done as q
prerequisite or qualification for voting
and by such constitution or laws per-
sons or officers arc or shall be charged
with the performance of duties in fur
nishing to citizens an opportunity tC
perform such prerequisite, or to be.
come qualified to vote, it shall be the
duty Of every such person and officer
to give to all citizens of the United
States the same and equal iopportuni
ty to perform such prerequisite: and
to become qualified to vote without
Itlistinction of race, color, or previous
condition of servitude; and if any
such person OF officer shall refuse or
knowingly omit to give full effect tC
this section, he shall for every sncl
ofFense forfeit and pay the sum O.
$500 to the person aggrieved thereby,
to be recovered by an action ON the
case, with full costs and such allow
ance for counsel fees as the court
shall deem just, and shall also fol
every such oifcnse be deemed guilty oil
misdemeanor, and shall, on conviction
thereof, be fined not less than $500
and he imprisoned not less than one
month and not more than one year.
The fist thing that strikes law
yer on reading that section is, that il
undertakes to impose by act of con
gress duties upon officers created un
der state authority, deriving their
sole commission to act from the state
In other words it is directly in the
face of the decision of the supreme
court, in Prigg VS.. The Common
wealth of Pennsy lvania, in which il
was declared by the supreme court ol
the United States, 1 believe almost
unanimously, that it was not in the
power of congress to impose any dui y
or impose any authority upor an Off
Ger of state. You undertake tC
regulate the duty of officers created
by state authority, holding their off
ces solely under state authority, amen
able solely to the state by which they
are chosen or by which thy are ap
pointed YOU Undertake to say thai
powers, duties and functions Of al
officer of state, holding his office sim
ply under the state, can be regulated
prescribed, governed and enforced by
an act Of congress. .r. 4..
If this doctrine be true, you cal
pass law. to take the Governor O.
IOhio from his executive scat and try
|
OF the United States; you may taxi
the Governor of New York or Of any
other state, or TIE supreme judge
of any state, and try them under thi;
bill of pains aad penalties because
they, officers of a state, do not execut,
au act of congress | deny the au
thority to do any such thing. deny
any such authority whltSo ever. Bu'
if the authority existed, how strang'
it would seem, how low and debase,
the states would have become, Whe.
the congress of the United States
without waiting to see whether an
state will be derelict in its duty, with
out waiting to see whether any state
officers will refuse to obey the consti
tuition of the United States, introou
ces bill of pans aud penaltieo lik
tii;S< that bristles III every section witt
fine and imprisonment and reward
to be given to informers. s,..
/ Allow me to call the attention O
the lawyers of the senate to enothe
thing. What is the corpus dclices il
this section I What are the. substan
tive words that create it, and tha
must be used i'll an Indictment unde
this section, for here is an 4indictabl
ofense? That if ''any officer shal
refuse or knowingly omit to give ful
effect to this section - these are tn
words that define the crime. Now,
pray the learned gentleman of the ju
dietary committee who has charge c
this bill (Mr. StewarD to tell us wha
: is falling or emitting or refusing t.
give full effect to this section L hop
he will enlighten us, so that when W
get up an Indictment we may refer t.
his speech IN the senate that the cour
may understand what is the offens
OF falling to give full effect to tn
: provisions of this section. / confes
do not know. / am an older lawye
than he is, l have tiled a great man.
cases, shave studied statutes yer
carefully ; but L confess my entire ig
norance of what is meant by thi
phrase eff any such person or Office
shall refuse or knowingly omit to Civ
J full effect to this section"
AN INVITATION TO PERJURY.
1 pass from that and come to sec
tion three:
That whenever, by or under tn
authority of the constitution and law
Of any state, or the laws of an.
territory, any act is or shall be requil
ed to be done by any citizen as a pre-
requisite to qualify or perform tn
, act required to be done as aforesaid
shall, if it failed to be carried int
execution by reason of the wrOnofiI