The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-03

yesterday morning in anticipation OF the delivery OF
the opinion OF the Court on the constitutionay OF
the new election law the points raised by counsel
on the previous day in the OF the United States
against Terence Quinn. At quarter past eleven
Judges Woodruff ana Blatchford took their seats on
the bench when new feature Of interest to the pro-
ceedlng was added by the appearance and swearing
In OF the eminent constitutional lawyer Caleb Cusn-
Ing as On Assistant District Attorney.
swHAEING IN OF MR.. CUSHING.
The District Attorney rose and said:-May IL please
Ne Court, hold in my hand q commission appoint.
ing Hon. Caleb Gushing specially assistant to the
DISTRICT Attorney for this district, and now move
NAT he take The oath required by the late act Of Con-
ress
Judge woodruf-Hst lbe oath be administered.
District Atsorney--The statute organizing the Dis
erct Department requires that all counsel employed
By the government specially shall be commissioned
- asaistsnt attorneys, and shall take the oath
that Is provided for the United States Attorney. That
0a{A wv ls fpuAa in the ststutes OF 1862.
Mr. Gushing was then duly EXsrn gRder the sta.
tutes 90 assistant attorney to Mr.. Davis.
So JUDGE wooDRUFF's DECISION.
Judge Woodruff then proceeded to deliver the de-
ois1on Of tue court Throughout his elaborate ruling
ON all the points submitted in support Of the de-
1nnrrer he spoke In most emphatic language, and
was listened to with rapt attention. He satd--The
demurrer to the Indictment now before the court,
which was the subject Of discussion at our last
sion, presents Two questions. The first is whether
the law OF the United States under which the ndict
nent is found IL constitutional or, In more gen.
eral FORM whether Ii Ia valid enactmentf II u as
sailed rst upon the ground that 1t Is an inraction
OF the constitution OF the United states and secona
whether the Indictment sufficiently charges an
OFFENCE under the law
The Court win not endeavOr to discuss with great
minuteness or particularly these two questions.
The shortness Of the interval which has elapsed
since the argument closed has precluded the eabo-
ration OF an opinion upon the points which arc
raised.
sG THE CoURT's vEw OF THE Law.
Had the Court entertained serious doubt Of the
correctness OF the conclusions which they have
reached, they would have taken time for
greater dciiDcran0n, AND. II IL seemed TO
them IT. have endeavored to throw light upon the
subject by an extended discussion. Bot entertain
ing no doubt and deeming IL unnecessary and un-
profitable that the progress Of the pupic business
shculd De delayed for the purpose OF indulging In
IN elaborate exposition Of constitutional or other
law, We felt not only at liberty out constrained TO
conGne ourselves 10 very brief statement of the
leading grounds upon which the conclusion which
we have reached must rest
THE PREMISES ADVANCED.
First, then al 10 The consr;tunOnality of the act
IN question. And II Is important perhaps certainly
we deem It wise IN approaching that subject to state
Just what the qnestion is which are called to
consider, and 70 what nsrrow point OF inquiry the
QuesoDs involved In the present demurrer bring
Tho section OF the act Of Congress upon which this
section Of single statute Its validity involves the
consideration OF no other sections OF tine same or
other statutes Its discussion does not bring into
view Numerous questions, some Of which were
alluded TO in the progress OF the argument, which
might might be Ut SUBJECTS for discussion, II
other statutes intersections OF the present sstnte
were before as for review.
ARTICLE or THE CoNsTiIUrI0h--'THE POWERS or
CONGRESS.
without reading the section under which this In.
dictment is found ~ length, attempting TO speak
Of 1t IN technical terms 1t must be sufficient to say
Ehat IL is act which makes fraudulent register
or fraudulent attempt to register ny person not
having legal rgb, so TO do for the purposes
OF an election oil member Oi Congress a
crime against the United States OF America ana
the vaiidity ana constitntonality alone, which we
are to consider, rests upon the simple question Has
Congress the power under the constitution to de-
clare fraudulent registration fraudulent attempt
70 register Tor the purpose of voting for member
VI Congress, representative or delegate In Con-
gress crime against the United states We there
FORE enter into no consideration or various topics
which were briefly alluded to, referring co other
tails OF other laws or OF the act OF which this section
Ha part.
the United states reference 10 which ia pertinent
the inquiry before u.s. Tna drst Isl
ARTICLE I--sECTION 2.-The House OF RepresentL.
lives shal be composed OF members chosen every
second year by the people q the seyefa States and
tons requisite Tor elecLOrS or the most numerous
branch OF the State Legislature.
SEC. Sub division 1.-The times places and
manner OF holding elections for Senators and Repre-
sentatiyes shall be prescribed In each State by the
Legislature thereof. But the Congress may at any
unie BY law, make or alter such regulations, except
AZ 10 the place OF choosing senators.
SEC. 5--Sub-divlsion Each house shall De the
Irs own members. And
SEC. S-Sub-dvfslon Ig.-CongreSs shah have
aud proper for carrying INTO execution the foregoing
powers aud all other powers vested by this coastu
lion IN the government o. the United States Or 10
any department III oricer thereof.
First. does the act IN question Infringe the pro-
vision OF the constitution which have read which
provides that electors IN each State shat
have the qualifications requisite for the elect
0rs Of the most numerous branch ~ tue
ssnay ad aSy that cue a agnea wasn gssss m
fnat clause OF tue constitution because IL seeks to
establish lest OF qnalncation; ~ seeks to aIurm
tue evidence OF qualification, and by doing It.
cT VI te,Dslnisinpsses qualification ITSELF We APP
prehend that ihat argument rests upon no solid
any implication can IL se thiDk be construed 10
affect the quain cation or auv elector anywhere IL
ton that Is required III the State In which the cleo
iOr seeks to exercise his franchise. IL touches no
qualification OF the eiector In any other respect lt
leaves the State 70 prescribe the qualifications OF
electors fol- the most numerous branch Of the state
Legislature, In The largest and fullest extent IN
touched and unaffected. IL says--and emily says--
that when the qualification Of registration Is I'm
pesed by the state law QeavinR the expediency or
State IT shall be an offence against the laws of the
United States TO contribute by fraud ana violation
Of the State Registry laws, TO the sending Of Repre-
rsscntatve to inc Congress Of the United States who
10 not clothed with tue authority which true ex
preston Of the popular will would give and that L.
all. But Is is said that Congress- having nothing 10
no with the question Of qualification. cannot treah
OF tho subject OF qualification at ell; and because
lions which The state law imposes, aud
make his voting or registration m offence II ne