New-York tribune., 1870-11-03
NATIONAL ELECTION LAW.
IT'S coNsTrrUTIoNALFrY DECLARED.

TENCED TO-DAY-TRIAL OF hLAUGHilS,
STRAUSS, AND OTHERS TOMORROW.
The United States Circuit Room was thronged
Yesterday morning with Federal officers counsel for the
and Others anxious to hear the decision OF
sha Conrt with reference to the demurrer interposed
Tuesday in the case OF Terence Quinn, upon the TWO
grounds Of the unconstitutionaty OF the Eecton law
and the insufcency Of the indictment b. W. songhtoh
George T. Curtis and Joseph Bell appeared openly Tor
tbe "repeaters," with W. o. Bartlett and Thomas Z.
Y,eds IN the background Ds,rictAttorney Davis and
Assistant DistrictAtorneys Purdy ana DAVIS repre-
sentcd the Government. Judges Woodruff and Bateh-
ford sat together ON the bench
Distrct Attorney Davis-I hold in my hand commits
den appointing Hon. Caleb Gushing Special Assistant
District Attorney for this District, and now move that
he take the oath required by the late act OF Congress
Judee Woodruff administered the requisite oath, and
Mr. Cushing took his seat by the side OF the DsIllct
Attorney
Judge woodruf-The demurrer to the indictment now
before the Court and the subject Of discus
son at last session. presents two questions the prn
spa one being Whether the law OF the United States
under which the indictment is found is constitutional
sr in more general form, whether it valid enact
ent 1t being assaed, however, only upon the ground
that it is infringement of the Con-
stitution Of the United states. The Court
viii not endeavor to discuss with great mnuteness
particularly these two questions The brevty OF the
interval which has elapsed since the argument closed
has precluded the elaboration OF opinion upon the
points which raised Had the Court entertained so
Eous doubts of the correctness Of the conclusion which
they have reached they would have taken time for
greater deliberation, and 1t seemed to them fit they
would have endeavored to throw light on the subject
by an extended opinion. But, entertaining no doubt
and deeming it unnecessary and Improbable
that the progress Of the public business should be de-
ayed for the purpose Of entering upon exposition Of
Constitutional other law, feel not only at liberty
but constrained to conne ourselves TO very brief state
nf a "a
then, 10 the COnsttutionay OF the act in question
Hna a. stae What the subject is yeh we are Sied
TO consider, and TO what a narrow point or
mSTreT bring ns The section of the act Of Congress on
which this indictment is founded is single section of
sir statute validity involves the consideration OF
other sections OF the same or other statutes It's DIS
dSeS Seme H Of which we're alluded to in the
the discussion, and might or might not be nj subjects
OF discussion If ether statutes or other sections OF the
present statute were before for review. without
reading at length the section under which TINS lndct
terms il must be sufficient say that ii is act which
makes fraudulent registration or fraudulent attempt
- register by person not having the right so 10 40, Tor
the purposes of an election of member OF Congress
crime against the United States OF America Its valid
ity its consttutionaty which we alone to consider
rests upon the simple question; ;" Has Congress the
Registration fraudulent attempt to register for the
purpose of voting for member of Congress Reresenta
live Deegate) crime against the United states y
We therefore enter into no consideration OF various
topics which were briefly alluded to YESTERDAY and
which might be the subject Of discussion in reference TO
other details Of other laws or Of the act Of which this
section is part.
There are four provisions Of the Constitution of the
United states, reference to which is pertinent to
ART /. SEC 2-The House of Representatives shall he
composed Of members chosen second year by the
people of the several States, and the electors in each
State shall have the qualifications requisite for electors
Of the most numerous branch Of the state Legsature
SEC. 4. l. The times. places, and manner OF holding
elections for senators and K9prssenamVeS shaH & De
the Congress may at any time by law make alter such
regulations except to the places of choosing Senators
tions, returns and qualifications Of its own members
laws which shall be necessary and proper for carrying
into execution the foregong powers and all other pow
United states, or in any department or Oicer hefeoi
First Does the act in question infringe the provision OF
State shall have the qualifications requisite for the
electors of the most numerous branch OF the
act in question infringes that clause OF the Constructor
by so doing practically imposes qualification itself
We appreheDd that the argument rests ON solid basis
cation can, we think be considered to affect the qua
cation of an eectOr anywhere. IL imposes no |
sSaf aSsy is Is IssSSI aWi9i in the State in which
the voter seeks to exercise his franchise cr touches
leaves the right OF the state to prescribe the quaea
STATE Legislature in the largest and fullest extent u
touched and unaffected. II says and only says tnlt
state law Geavng the expedency ana wisdom OF such
law entirely to the Judgment OF the s4tel II sHai oe
to contribute by fraud and violation Of OF tine the |
regulation to the sending Of to & 1e CG e
suthorty that a true expression of the popular viii |
Coueres has nothing to do with the subject quilca
On and treat OF IL at al because 70 require thaC
the eiector shall have qualifications which the State
law Imposes and to make his voting or registration
crime if he have not those QUALIFICATIONS, Is, |
on the part OF Congress, to impose con.
dition to the right to vote. The Court
do feel called upon 20 say, however little doubt they
may feel the subject, whether or not the CYses ~
the United states might If they saw it, make 1t condl
ton throughout these United States, that all VINO come
10 elect of the House OF Representatives shall
first register their names Tor we 40 not cohceisG .
that question involved But that the 1resclpOh Si
condition is infringement OF the electors Ight
confidence and with satisfaction to O. the the Con.
stituton or tie State OF New-fork as |
exposition OF the views o our peo5 T Ss Vas
provided that every male cllen OF tie aso W "a
sa have been citizen l9r 70 Gays anu v S eecton
tant of this State next preceding any %
and for the % months resident M 81 the GO county Vafs
whore may offer his vote shall De eh'iTa trt 10 'ocf
which be shall bo at that time. time me resident |
and not elsewhere Tor an O%lncSrs % 1Tee IsI Hos i
declaration Of the sole qualifications which under the
Constitution of the state Of New-1Ork u Is coHpe
ing this declaration Of the qualifications OF voters
thereby nfrnged in any way, provided IN aholner ar
fcle that laws should be made 0r ascertamg ny pToper
proof and the citizens entitled TO the right OF suffrage
thereby secured. our reflections lead us therefore, ana
without hesitation, 10 the conclusion tat prescription
of mode Of aseeraining and certifying the |
qualifications of those who shall present themselves 10
exercise the electors privilege is no infringement Oh te
clause declaring what shall constitute requisite qalne
tons and attempt to prescribe TO tins state or 10
any State any condition the exercise OF the right OF
suffrage and no attempt to prescribe the qualifications
Of eectOr. II right III this, then the sec0hd
seeton of the first article of the Constitution Is no i'm
pedment to the legislation of Congress upon this subject
The clause Of the Constitution 70 "niSh na'e |
places and apyer of holding elections for Senator'S and
Representatives shall be prescribed III each state Dy the
l. esature thereof but that Congress may at any time
by law make or alter such regulations except as 10 the
places of chosng Senators. On the one mana IL INSISTED
that this affirmative provision OF the Constitution Is
ODD ate fo