Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-09-09
Arrest of Senator CIavfon

The Radical Senator Clayton, of AR.
kansas, is the first victim of that piece
of Radical legislation, the COngre ssiOn-
al act to entoTce the right of citizens
of the United States to vote in the sew
| eral States of this Union, and for other
purposes" This partisan law was en-
acted to prevent democratic frauds''
and to punish the Democratic authors
of them; the trap was baited and
| sprung; and 10! the first game it
catches is prominent Radical United
States Senator, indicted by a Radical
grand jury, arrested by Radical
United States Marshal, and held to
bail by Radical United States Judge
for trial before United States District
Court.
The provision under which Clayton
was arrested and held to bail is that
portion of Section p of the act above
referred (which declares: ''That any
officer of any election at which sny
Representative or Delegate in the
Congress of the United States shall be
voted for, whether such officer of cleo
tion be appointed or created by or un-
der any law or authority of the United
States, or by or under any State, Ter
ritOrial, district or mGnicipal law or
authority, who shall neglect or refuse
to perform any duty in regard to such
election required of him by any law of
the United States, or of any State or
Territory thereof; or knowingly do
any act thereby unauthorized, with
intent to affect such election, or the re-
suit thereof; or fraudulently make any
false certificate of the result of such
election, in regard to such Represent
ative or Delegate; or withhold conceal
or destroy any certificate of record so
required by law concerning or pertain
ing to the election of any such Repre-
sentative or Delegate shall
be deemed guilty of a crime, and shall
be liable to prosecution and punish
ment therefor, as provided in the
nineteenth section OF this act" The
punishment specified is a slime not
exceeding five hundred dollars, or i'm
prisonment for term not exceeding
three years, or both."
1t is charged that Clayton, when
governor Of the State, issued a certifi-
cate of election to Edwards, as men,
Der OF Congress, who was not elected,
and who was only returned elected by
means of fraudulent registration con-
eOeted and executed by Clayton him
self, in conspiracy with his registrars
in that Congressional district. He
has been indicted by the United States
grand jury for these frauds, and now
he is held to answer the prosecution
of the legally chosen candidate for
Congress from whom he withheld the
certificate of election. This indicted
United States Senator, arrested on
charge OF violating law of Congress,
is q partisan adherent of the Presi
dent; and the President has en-
deavOred to save him from the penalty
of his crime, by removing the former
United States Marshal and District At
tOrney who participated in the work of
having him indicted. The President,
it Is said, justifes the extraordinary
interference in the proceedings of
the United States District Court on
the assumption that the proceedings
were instigated by Clayton's enemies,
and were in the nature of a persecu-
tion; but what right has he to thus
speak of legal processes, which, from
beginning, have been federal, taken
under q law of Congress, and served
and executed by Republican oficialsi
Are the Presidents personal adherents
understood to be exempt from the
penal laws OF the United States? May
he interfere to rescue them from the
legitimate grasp of those laws, by
removing the officials whose sworn
duty it Is to execute them, and BY
prompting the dismissal OF the grand
Jury which finds the indictment2-
81. Louis Rspublic0sl,