The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1870-06-07

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Mr. President, by which you sit in tha
chair, is to be tried before a distric
| Judge Of the United States! tT 7as 3
| think I have'said enough about TIN
fifth section hope that the Senate. b.
its maadamas viii strike thai, out. Nov
let US come to the sixth section
That the district courts Of the Unitel
States, within their respective district
shall have, exclusively of the courts o
the several Statess- cognizance Of al
crimes and ofenses Committed agains
the provisions Of this act, and also, con
currently with the circnit courts Of lh,
United States, of all 7causcs.. civil ant
criminal, arising under this act. excep
as is otherwise provided IN thegifth sec
llon hereof. a, -. ..,t.s
| The district courts Of the United State,
are to haye exclusive Jurisdiction %
crimes andsoffenscs provided for by ti,i.
act. The first thing to which |. ask tn,
attention Of The Senate is this: that ther,
is not one single crime or ,offense provi
ded for by this act, that is not alread,
pro vided for by the laws of the States
Edo notknow onethat isnot provided fol
by the laws Of the States. lf man il
Improperly refused his vote by a judg,
of election who acts willfully and cor
ruptly in SO doing, not simply commit
ting an error Of Judgment, but acting
willfully and corruptly, (and il he does
not act willfully and corruptly he ouSh
not to be punished in every StSte o.
this Union with whose laws I am ,ac
quainted, that judge is liable to punish
ment; and in the same way men who
hinder or prevent persons from eSercis-
ing their franchise are also under the
State laws liable to punishment in the
State courts by indictment or such pros
ecution as the State laws afford.
Now, sir, what is here meant2 You
have provided for precisely sthe same
class of oflenses that the State laws pro.
vide against, and then you propose to
take away from the State courts tile
right to punish odenses and vest that
power solely in the district courts of the
United States. I ask you, as practical
matter, which system is likely to enforce
the laws, that of indictments ingthe State
courts, courts sitting in every county in
every State, with grand juries in every
county familiar with the facts, or this
system of punishment in the district
courts of the United States, when in
most of the States there is but one dis,
trict court sitting in one place, and in
only one of them are there three, and
in the other States there are but two?
Does not every one see that when you
want to enforce this fifteenth amendment
,vour safest way is to leave it to the State
law? Do you not see that for one indict-
ment that would be found under this bill
in the United States district court, there
would be likely to be twenty in the State
courts? Doyou not see that in the
district court of the United States there
scarcely ever would be an indictment
unless it were to crafty some malice OF
to extort black mail from the party who
was prosecuted ? That IS the effect ol
it. Your law will give rise, 70 persecu
ton it will give rise to the levy Of black
mail 1t win subject officers Of election
to the most intolerable persecution. AL
that it will do. IL will tend to drive de-
cent, respectable, and responsible mer
from accepting the Office of judge OF
election. All that it will do; but so fal
as enforcing the rights of voters is con
cerned, it is not worth one pinch OF smut
compared to the State laws which are
administered in every county of the
State and blythe courts of every county
in the State. a9sk sSas a.l tfs.. ssg-5
AS a practical measure, then, nothing
could be worse than this As a measure
of persecution. of levying black mail
of giving $500 to the inforlner, as Q
measure of pains, penalties, and .perse-
cution, nothing could be conceived more
effective. 80 at xs.ssr 1srszs,.
Then, sir, comes section seven; and
section seven is a beautiful section, too
As il conscious that this, bill might not
have effect if left to the people, knowing
that obnoxious laws defeat themselves
because the people will not execute them
here is a seventh section that makes il
the direct interest, as well as the duty
of whole host. of Federal officials to
arrest people who may violate this law,
arrest judges of election, arrest regis
trars. Why, sir, under this you may
defeat registry in any State you please
Let us see what is necessary to be done
Here is registration law in State; Q
registrar is taking tbe registration; he
refuses to registrar A B. His decision
may be as honest as one ever was in the
world, the most honest in the world
Under this act, if that man or some ono
of these Federal officers, made common
informers, shall go before ascomniss
ioner of the United States and swear
out warrant against him, that man is
to be taken away from his office of reg
istration and be committed to the com
mon prison unless he he able to give
bail. He is to be sent to the<place %
trial, Which may be one or two hundred
miles distant; and the whole rcgistra
ton of his county may be broken nj
under the provisions of this act. An,
one can see at once what a handle tina
would give if you wanted to defeat reg
istration in county where your oppo
nents are largely in the majority, ant
thereby prevent valid election IN tina
county. All you have to do is to ge
up some charge like this, arrest the reg
istrar, and take him away to prison, an(
send him Off one OF two hundred miles
for trial. 9--.lsl
That is not ALL You may stop ar
election right in the midst of the cleo
ton you may seizesmder this the judges
of election and send them to prison an
stop the election altogether. That is
this bill; that is this carefully consider
ed bill which the Senator having it il
charge wants US to pass before the sur
s6all set. The sun will never have Sc,