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

| question: 7DeGWSCn "A ID anu u II,
| which of them is entitled to an office.
Mr.. Stewart The Senator will
! ! observe that the words cor other ap-
propriate proceeding" are also there;
and if a hlandamus is appropriate, I
will not discuss in what case it is,
but if it is appropriate in any case,
that is n sufficient provision. re IA,
Mr.. Thurman. AS is suggested to
me by my friend from California
(Mr. CasserlyO, the senator might as
we'll have said in his bill "a writ of
attachment or other appropriate pro-
cess. Strike ont your mandarin. =
do not let the judiciary committed,
lor Gods sake, appear before the pro-
fession in tllis-country with such Dro
vision as that in their bill Put "Quo
,oarrauto" in if you please, but do not
let "mandamus stick there If you
do hope the senate viii issue amanda
mus to the committee to strike it out.
Laughter .--grs ,-i4etg
UNITED STATES COURTS TO DE
eide ELECTIONS.
But that is not all, Mr.. President.
Handouts or quo .tcarf'a'.to, what is
this fifth section practically? Here,
as have said, is man declared to
be elected governor of the state of
Ohio or Indiana, and the disappointed
candidate does, what? Contest the
constitution of Ohio or Indiana?
Not bit oft. Contest it before the
tribunal provided by the. constitution
of Ohio or Indiana to try that ques-
ton, the senate of the state? Not a
bit of that, but he goes to some little
United States Judge and desues out an
t'appropriate remedy Y iv What zap
propr;ate remedy forsooth, is it? a
quo s6Grranto ?-Then under the quo
| aca'rraato you undertake to canvass
all the votes of the state of Ohio, the
state of Indiana, the state of New
York. When will you you get done?
VIII you do it before or after that
| mans term of Office has expired? And
how willtyou do it if there is con-
| test under. the state constitution and
laws, and the body entitled to try it by
that constitution and those laws shall
decide the contest one way, and your
little district judge of the United
States shall decide it the other way
Suppose the senate of the great state
Of New York should decide in favor
of the incumbent, and your little bit
of one horse judge beg your par
don for using such q slang expression
E-your little district judge of the
United States should decide the other
way? Would not that be most har-
monious administration OF constitu'
tional law i'll the United States
Would it not make our institutions the
envy of mankind? Would not all the
thrones of Europe crumble into dust
in admiration of this most excellent
and harmonious mode we have OF
providing for the election of officers
and providing for the settlement OF
contests and seating the successful
candidates to their chairs. No, Mr..
PRESIDENT it will not do. -i9g-a- f.i..e~
THE, POSSIBILITIES UNDER THE
LAW.
But that is not all. This applies to
every officer Of the state; nay, more
to every officer of the United States
Now, l want to put it to the commit.
tee; here is an election for President
of the United States, and MIR. a b
reeeives q majority of the electoral
tvoies, it is SAID; and Mr.. G D, who
is defeated, says that in the state o.
New York there were so many men
not allowed to vote under the fifteenth
amendment, and if their votes had
been cast for him. then he would have
| had electoral votes of the state of New
| York and would have been elected
Presidentof the United States.-Now
senators, how do you suppose that
question is to be tried? Before q
j district judge OF the United States
Just think of such a question brought
before district Judge of the United
States-the question who is elected
President of the United States. That
is it if your bill is to be taken accord
iirg to its wording that is it if it Is tc
be taken according to its plain Ian
guage, that the title of the odloe OF
the President of the Uni:el States OF
the title, Mr.. President, by watch yor
sit in tha, chair, is 10 be tried before
a district judge Of the United States
THE STATE COURTS ADE POWER
| LESS TO ENFORCE STATE LAWS-,
/ l think / have said enough aboui
| the fifth section. | hope that the sen
Fate by its ma1.Ia ,At5 viii strike that ut
| Now let us come to the sixth section.
That the district courts of the Uni
ted States, within their respective dis
tricts, shall have exclusively of the
courts of the several states, cog.iizance
of all crimes and offenses committed
against the provisions of this act, and
also, concurrently with the circuit
courts of the United States. OF al
causes, civil and criminal, arising un
der this act, except as is otherwise
provided in the fifth section thereof.
The district courts of the United
States are to have exclusive jurisdic
tion of crimes and nfenses provided
| for by this act. The first thing tc
which ask the attention of the sen
ate is this: that there is not one sin
gle crime or ofiense provided for by
this act, that ought to be in it all, thai
is not already provided for by the laws
of the states I do not know that one
is not provided for by the laws of the
| states. If man is improperly refus
| ed his vote by judge of election who
! acts wilfully and corruptly in so doing
not simply committing an error OF
Judgment, but acting wilfuily and cor
ruptly, (and if he docs not act wilful
| ly and corruptly he ought not TO be
punished, in every state of this Union
with whose laws 1 am acquainted,
that Judge is liable TO punishment