Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1870-06-22

] lof cOlecllnR rent OF inc voting ten
ant under fine net less than $500 !;
from tho indefinite conspiracy of the
highway in disguise, with the limit Of
$4,000 fine and imprisonment not cx.
ceeding ten years, to tho still more
uncertain msdcmeanor Of holding
Office Illegally against tho fourteenth
amendment, under the penalty Of
$1,000 fno and a years Imprisonment,
or both, and you will SEQ what Bent.
ham means when, by an a priori
scorn, he dorides such unphilisophic
and contemplate sehomos as this bill
is repete withal,
Bcntham evidently foresaw cases
whore the owls appurtenant to pun
iabmont wuru grcutcr tiian tie OWLS
to be punished. The misdecd, in
other words, is not so atroeious as the
law.
aOf the sort Of operation by which
for the exclusion Of greater evil is
purposely produced the operation
called punition is but one mode For,
taken by itself, government is, in il
self, Que vast evil
What a foresight had this pbiioso.
pher! He looked into the heart Of
this latter day. Wherever, by the
evils Of government, greater evil is
excluded, the balance takes tie nature
and name of good In other cases
which he examines, the punishment
is ellicacious and Improbable, because
to the undiminished evil Of the ofense
is added the evil of punishment The
evil cxclued is not so great as that
introduced. Thus reasoning, this Con.
grcss might perceive why wise
| Judgment would dcnounce such afro.
cious remedies MS this bill provides
for wrongs not so great us its cxccu.
ton would induce.
! pass from this abstract phraseology
and speak plainly when dcnounce
the interminablc, general, excessive
andincomprehensible penaltiesagainst
the alleged registration and voting
/ frauds, North or South, as an intolcr-
able statutory nuisance There is no
compensation for its existence by any
possible good 1t will become dead
| putrcsccnt letter on the statute
Courts, Jurors aud witnesses will
laugh the law down. Public opinion
will dcspise t. Tho penalties may
now and then 20 to The spy and m
former; but the bread they buy will
choke those who eat it.
.. l pass lightly over the point as
TO litigations and prosecutions. This
bill begins where it is the interest of
all there should be an end, TO wit,
with litigation. The bin is a proyis.
ion for fees, counsel, spies, iuiormcrs
suits, etc, TO the end of this genera
ton. Hence ! am opposed to il be-
cause il is bill Of spite. 10 has no
spirit Of amnesty. 1t is irreprcssiblc
because it does nothing 10 heal
wounds. 1t pours into them no balm.
| II is q fruitful source Of litigation
At the end Of civil war there ought
to be tranquility. You are five years
after It's end beginning a system OF
prescription which will have rotalia.
ton, and again retaliation. There
is no end of this incessant system OF
provoeation but civil war again.
3. If any lawyer will examine the
clauses of tho bill he viii perceive
how very general it is in its terms
Il is so general that ! might apply Ia
it tho old Latin maxim, D0ius idtci
in generdiibUS fraud lies ia generali
ties Read the bill through and you
will find that there are penalties foI
omission ard commission. The legal
certainty on which to frame an indict
ment is not apparent Some Of the
sections punish a man it he docs not
comply "with the Jill.' The accused
has no exact definition Of his defense
, II an officer refuse or "knowngly
omit TO give effect to this section
such arc the words, iorsoOth, on which
to draw an Indictment How can th,
astute lawyer from Ohio, who was on'
. of this conference committee, or th,
gentleman lMr Dayisl who distin
, gu,shcd himself so much IN crimina
practice the other day ia New York
, and who is now looking mo in th'
, face, [laughtcrl how could they o
either Of them with all their skill
, draw an indictment under such gen
, cgal clauscsg
4, This bin destroys the right 0
. trial By jury. This is another poin
to show tho lawyer craft, or unlawyer
, like craft of this bill. In the thir,
section, where a person Offers an'
, fails to perform an act, lac is allowc'
TO vote; aud the officer who falls &
! give effect to bis vote, on presentation
. OF an cr pdrfo affidavit OF the facts, !
liable TO $500 TO the aggrioved party
} This sam, no less, is 10 bo rcoovcrcl
ia the old common law action on ia
f case. Costs aud counsel fees also
r and Gne and imprisonment Now
as TO the civil action, one familiar wit
I the Consultation might infer that j
"suiis at common law like action
: in case, "whcrc tho value in contrC
. versy shall cScced twenty dollars, tn
r right Of trial by jury" should be pr,
4 served according to the seventh art
l Gle Of the Constitution Bat the pre-
: tcntious wisacrcs who framed thi
B, bill wish TO preserve the Constitulio
. by breaking il. They upset jur
e trial to punish votors-not Of thci
/. party BY the third section the
: consider, first, an oTor 70 do as the ac
! done second, give effect to the decd
;. and third, provide a civil remedy
based on an az paHe affidavit of Oh
b plaintiff, and command Judge and iur
@ to fnd at lcast $500 damages. IN
= jury can ind no loss. Was there eve
such blindness and idiocyy Is thi
4 preserving publio liberty, or its grea
r safeguard ?
b. 8. This bill discriminates in iavo
G Of tho black against the white.
The fifteenth amendment is under
stood by the House The power {
e "enforce" il is also understood Wha
{ IS appropriate legislation" for II
:, enforcement is not so well understoo,