The New York herald., 1871-12-07

supreme Court OF the United States. &#R
kLkCrlohs IN THE sTATB-A SHOT FOB 7BB UNITED
STATES GOVERNMENT.
:, Tnc most Important portion OF the Governors
Message tnat devoted TO the subject OF elections
ana tue recent threatening attitude assumed by the
federal toward the state government which give
IN exte,lso as it mas national interest. and a.
campaign document In the next PRESIDENTIAL con-
test u second 70 none yet published one or the
most serious objections to our constitution the
scrtbes We now have annually two regular cleo
tions-one on the fourth Thursday In May ana the
In November. Aside from loss OF time 10
the citizen In attendance upon registration
turbsnce OF business Incident to the heavy expense
upon our people, which thev are lily able TO bear,
there 70 no necessity for T. There ought to be not
congressman are elected every Two years ana q
President every four years. and by q law OF Con.
clearly OF opinion that Il n advisable TO hold our
Congressional elections at the time now prescribed
amending the constitution as that all State county.
municipal and township elections shall DC hS,a tna
time for holding state eiections prescr bed
by our former constitution, ana was lound
time for our people, and by Its adoption now We
should the ttme expenses ana incidental evils
am also in favor OF this change in the constitution
for another and TO very cogent reason. IL would
remove our state elections beyond even the pale
EXCUSE FOR FEDERAL INTERVENTION.
BY the fourth section OF the lrst article OF the
federal constitution tho Legislatures OF the several
States are authorized TO prescribe the times places
and manner or holding elections therein for Con-
gressional Representatives but the right 10 MAKE or
alter such regulations at any time Is reserved TO
Congress- Fer more than three-fourths OF century
the authority thus conferred upon the State Legs-
lures had been satisfactorily exercised Dy them.
Twenty-One Presidential and f0rtytwO Congress
sOnai elections had been held, some OF them amid
the excitement and confusion OF foreign wars, or
the thrOes OF domestic revolution and yet no occa-
had arisen In the opinion OF our wisest states
fNsn 0hnf turoftf fhA
the reserved right Of Congress to make or alter
the regulations prescribed by the Srates. Not until
versal prevalence OF law ani order, when the fed.
erai administration two thirds OF botn branches OF
ana a t ~ ., nne e d
the Congress OF the United States attempt to inter-
fere or regulate the mode or manner OF tue election
OF Its own representatives In that clause OF the
federal constitution which prescribes that ''eacn
house shall be the Judge OF the election returns
and qualifications OF its own members y had
therefore, found an ample safeguard for the pro-
lection OF the rights and interests Of It's own
Gonapess I however. ever 1ndertooE directly to conIroi
the election, not only OF Its own representatives,
but also the election OF State oiicers neld at the
same time, by an act approved NAV 81, 1870, en-
titled An act to enforce the right OF citizens OF the
United States to vote in the several states OF this
ment thereof, approved February 49, 1871.
CHICANEKY or CONGRESS-.
The Federal government, under the pretence OF
protecting the freedom OF the ballot strikes down
the freedom or the citizen, aud under the guise OF
e Of he ars Of sDega e aas
In towns of over 10000 Inhabitants the polls may
be surrounded by horde Of petty anu Irresponsible
sSais," including at the discretion or the
appointed Dy federal officials and paid out or the
feueral Treasury, who. upon any iancieu or prear.
ranged pretext, may not only arrest any ctlzen and
prevent his exercise Of the right to vote. but they
may also arrest the election officers themselves, aud
thus break up and destroy the election altogether.
cias for neglect OF duty but no redress or protec-
ton IS Afforded the citizen for the unlawful deprlva
selves were awfui under the common as well as the
statute laws OF the land are branded criminal and
heavy punishments pronounced against them, while
rnE LONG CATALOGUE OF CRIMES
enumerated In our laws arc aided many others un-
known 20 our or any other criminal Jurisprudence.
Already have some oil our most worthy citizens been
dragged flom their homes and subjected TO great
annoyance ana expense In defending themselves
against unfounded charges instituted under these
laws. The qualification OF partisan or personal
has usually peen a sae anS mGyo
precedented as this legislation was. and unconstl-
tullona as believe y TO BE- SO Tar , as II ntereres e.
another statute enacted by the Forty second Con:
grcss, which moro completely compasses the real
approved the 10th Of April, 1871 and Is entitled
IAN act 10 enforce the provisions OF the fourteenth
amendment to the constitution OIL the United states
why SUSPEND TUE HABEAs ooRPUs'
authority for the suspension OF that great writ Of
right the habeas corpus for the delegation Of the
6y the original constitution Certainly not. And
yet that authority Is attempted TO be vested In the
President OF the United States by the terms OF this
act under the specious pretext OF enforcing the
provisions OF the fourteenth amendment. .'Tho
privilege or the writ or habeas corpus shall not te
suspended, unless when. In cases OF rebellion or
invasion, the public safety may require IT, Is the
language OF the federal constitution By the origin
nature and history OF this writ and bulwark t
tnterpOses between the freedom or the citizen
and the open or steatny encroachments OF tyranny
were thoroughly understood and profoundly apprs-
the absolute prohibition OF It's suspension, except
In the two extreme emergencies OF foreign invasion
or when rebellion raises itself TO such formidable
and proportion a. to threaten the public SAFETY
equally with foreign invasion. But Congress. without
had arisen, proceeded In the act under consldera-
ton not only to resign TO the Executive this care
vested Dy The Constitution but to clotne him (the
Prcsdenp with discretionary authority TO exercise
the Sea a Of s,as
only upon the call Of the State and to the extent Of
the overthrow Of State government and the oblitera-
tIon OF state lines and the substitution In their
stead OF military, district and martial law, to tho
arbitrary keeping OF one man are committed the
lives liberties and the property OF whole people.
is NOT THIS THE ESSENCE OF DEsPoTisA9
What monarch possesses more absolute power2
What iyranI was ever less trammeleds This act
ceded 1t running through all Is The same under
lying purpose-the destruction OF state govern
federal government. Under the former the citizen,
without any fault Of his own, may be deprived
or his right to the exercise Of the elective
franchise, anu tho election Of state officers
prevented, while under the latter the innocent
CITIZEN may be deprived u all rights ana OF liberty
powerless to afford him protection. step by step
has this consummaton been reached. One prece-
dent created another; they soon assmilate ana con-
stiiute law. What yesterday was fact to-day Is
doctrine. Examples are supposed to justify tho
not SUIT exactly The defect Is supplied
by analogy. Such condition OF affairs
fathers OF the republic. Having before them rne
experiences OF past generations and past natonali-
ties and actuated by the most profound regard Tor
the liberty OF the citizen as well as the efficiency Of
government with wisdom amounting almost to
presclence, they formed our government for per-
petuIty, and they omitted no principle necessary TO
It's preservation, and they included none which.
properly administered, couli WORK lts destruction:
States by the federal government was as
foreign TO their design as the nulli-
O..s. nI anfh h0rifu