Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1870-06-03

Livery nullOn, anu especially every
great nation like ours, should legislate
TO improve not TO degrade the morals
of the community. We have United
States laws and we have State laws
Furnishing murder, forgery, and coun-
terteiting the coin and the paper money
OF the country. For all these felonies
we have statutes upon our books but
in none of them do we consider il
worth while or proper to hold out re-
wards to men TO become informers.
This whole bill is filled up with pro-
visions by which some men may make
money out of somebody else by becom-
ing informers under its provisions.
Any man who Is greedy enough, who
Is so lost TO sense of honor, who
wants to put $500 In his pock-
ct, has the means of doing it provided
for him by this bill.
Now, let us see whether that Is not
literally its effect. The third section
of the bill provides mode by which
a man who is denied the right to vote
may vote, Notwithstanding he has not
been registered. 1t reads as follows:
That Whenever by or under tho authority Of the
constitution and laws Of any Stale, the laws Of
any Territory any act Is shall DO required to be
done BY any eitizee az prerequisite 10 qualify
ontitlo him TO vote, tho Offer Of any such citizen to
perform the act required to be done As aforesaid
shall n II fail to be carried into execution by rea-
son OF the wrongful act or omission aforesaid OF
the person or officer charged with tho duty Of re-
ceiving or permitting rnch performance co, offer
to perform, or actiA. theron, be deemed aud hold
as performance ia law Of such act and ;ho per-
son odsring and falling Aforesaid and being
Otherwise qualidsd shall be entitled To vote in the
ard to tho same extent as n be had
in fact porto med snch act and any judge tnspoc
tor other officer OF election whose duty 1t is
shall be to receive, count, certify register report,
giyo effect to the veto OF any such citizsa, whs
shall refuse Knowingly omit to receive, count,
certify, register report, give effect to the veto
of such eiiizenF-upon the presentation by him Of
this AFFIDAVIT
Not upon the affidavit of somebody
else nor upon legal proof, but upon the
presentation of the affidavit of the
party himself, he shall be entitled to
vote. Nor can the officer dispute the
fact nor test whether ii is true or not.
No; but the section proceeds:
Stating such offer aud the time and place thereof
and tho Of the officer person whose duty Il
to act thereon, and that he was wrOngfully pro-
vented by snch person or oicsr from PERFORMING
such act shall for every ench ofense forfeit and
pay the sun Of 5000 to the person aggr'ved there
Now, you will observe that that Sec
ton relates to things which are done
in public. The registrars who take
the votes arc men who must do that
duty befor the world. Their offices
are open inspection and to the presence
of everybody. Nothing can take
place there that Is not susceptible of
proof. If go and demand TO be reg
istered, do 50 in the presence of other
men who are there for the same pur-
pose. If | am refused 1 can easily
take witnesses there and make the de-
mand in their presence. While there
is that opportunity of proving the
fact this law repels that sort of legal
and impartial proof. 1t does not re-
quire the party to produce evidence,
but in lieu of that it nly requires him
| to make his own affidavit touching
facts he could establish by perpaps
twenty-five or fifty, or may be five
hundred persons. The offer of regis
tration is entirely susceptible of proof /;
it can hardly be made except in the
presence Of witnesses, and yet that
sort of impartial evidence is not only
| required, but Is absolutely repealed by
The provisions of this bill.
But this is not ALL sir. 1t would
seem to he proper thnt an officer who
| is to be punished for misdemeaner, to
he fined and imprisoned, and made to
pay a large sum Of money TO the party
|
nifty of contesting the charge against
him. IL would not seem to be right
| that he should be compelled to. pay a
sum of money 10 the aggrieved person,
| that he shuuld be compelled TO pay a
sum of money to the country, that he
| should be made to anguish in prison,
without some opportunity at least to
contest the fact whether or not he has
been guilty of the act complained of.
| This bill does hot give him that OPP
| portunity. This bill makes the afiida-
Wit of the party considering himself
| aggrieved absolute evidence of the
| fact, and does not allow the officer ac-
cused any right TO contest 1t. Ifan ac-
| ton is brought in court against an
| officer under the statue, all that the
| party is required to do in order recover
| Is simply to produce his own affidavit
that he had on q certain day applied
to the registrar and had been denied
registration. That would entile him
under this bill to recover. If the Off.
Ger was indicted for misdemeanor
the punishment ofwhich is fine and i'm
prisonment, all there would have to be
proved TO support that indictments, and
and it could not be repealed under Thu
statute, would be produce to the jury
the affidavit of the party who consid
cred himself aggrieved. Surely, Mr.
President, such law as that ough
not be passed. No law ought to b'
passed which allows man TO be flne'
and imprisoned without giving hin
the opportunity to contest the charg
made against him; and get this bill
does that very thing.
The fifth section, to which the Sen
ator of Ohio Mr.. THURMAN averto'
yesterday, is the one which authorize
the issue of a writ of mdnddHlus.
really expected that the Senator fron
Ohio yesterday would move to strik
{ out the word " nldnddnlus" and sui
|, stitute " r. piiribus tnuna." Laugh
ter. That phrase Is fully IA applica
BILE rs the word mdnotdnlns, and Gel
/, tainly, with the sense given to IL latel
; on this floor, IL much more compen
dius aud covers great many MOI
z things.
Then, sir, there Is another sectlo
of this bill which contains in twelN
: lines more 10 be condemned, more
/ oyerturn the form of our government
= more TO unsettle the relative rights
= = the different departments of our Co
Q eminent, than was ever put In u
Z compass. i refer TO the eleventh Sc
:, ton, which provides
That whensver the President OF the Unit
u States shall havs reason to believe that oh'n'
u have been
That is a very indie finite expressio
= but here Is something worse
or are likely to be committed against ths proVisio'
Of this act within any Judicial district, u shAll
II lawful for him, In his discretion, 20 direct y
A | IudRe, marshal, and district attorney OF sueh a.
trict to attend at suSh place within the district Al
for such time no may designate, for tho purpo
10 OF the speedy arrest and trial OF such per-
N charged with violation OF this Aot AMI u sh'
~ be the duty Of every judge oroihsr omeeT, WI
)r any suoh requisition shall be received By MN
Y attend at the place and for all 'ho time thefsn
Ia ignAtod.
D. Mr.. President, when was IL hee
,r Of before in tho legislation OF N
re country that the President OF the Un
" ted states was authorized 10 give
l. Judge an order? Why, sir, the udl'
is airy of the country is independent.
,e the President. Do you call that an
Ii dependent judiciary when the Pre-
Ne dent of the United States, an eXecutl