New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-09-07
LEGAL OPINIONS.

| uaO IIeSluenC UTauJ Deen aware OF In
abundance of legal talent which is almos
as good as unemployed at the South, b.
would never have troubled such inferio
men as Williams, Pierrepont and Taft t
enter his Cabinet.
The Picayune is the chosen organ O
the legal gentlemen, and yesterday morn
ing treated its readers to several columns
Of exposition of the laws which were sup
posed to be in force before ue ,rere nation.
Among others, w. w. King, Esq, a gen.
tieman of some little local note, has ven.
tured to measure lances with the Attorney
General. Apparently the principal drift
Of Mr.. Kings argument, if such a brief
as lie has prepared may be called an ar.
gument, is to cloud the clear sentences OF
Judge Taft with fog, and read the Presi-
dent lecture upon his official duties.
We shall note few points made by our
learned townsman:
The power is given against any violence
on account of any vote he msy intend to
give" If the Repub,
licans be beaten in the election, he may,
under the instructions Of Mr.. Attorney Gen
eral, have the army Of the United States to
assist in arresting every one who contrib
uted to that defeat; because in either event
he is the sole judge Of the intention of the
voter. and who was a conspiratOr in the de-
feat of his party.-Nr. King.
This is most extraordinary inference
to be drawn from such conclusion.
There is nothing in Judge Taft's letter of
instructions which even intimates that he
or any marshal has the power to judge
Of the intent of an elector. That will of
course be determined by each voter for
himself. He may not only form his in
tent, but legally express it, and if any
harm comes to him in consequence, the
marshal is required to bring the offender
to trial and punishment, or at all events
take measures to protect the voter with
the intention from violence. Let us
illustrate this a little. We will
take an actual case that occurred
in 1874. Edward Lefrau, one of
the most honest, faithful and intelligent
colored men We ever saw-almost, if not
quite, the equal of our own Bates, was
employed as porter of the Merchants Ex-
change. 1t was impossible to find fault
with him in any manner except politi-
ca!ly. But acting under orders of the
leaders of the fourteenth of September,
the then superintendent demanded to
know of Lefrau how he Intended to vote.
He was answered, "The Republican
ticket" "In that case," replied the
superintendent, 81 shall be compelled to
dismiss you, as we are determined
not to give employment to our enc
mics" Lefrau was, therefore, turned
out of a desirable situation because
If his intent to vote in GER
ain way. Many others have been as
sailed and beaten for such an intent, when
t has previously been disclosed in an
'wer to interrogatory. Judge Taft merely
nstructs the marshals that it is their duty
o protect voters in the act of voting, as
veil as in the declaration of their inten-
ion to vote in certain manner. For in |
tance, it one were to suppose that Mr..
King intends to vote for Mr.. Nichols, and |
tempt to deprive him of any right or |
ssault him as punishment for such in
ent, it would be violation of the law.
lie could apply to the marshal for protec-
ion if he could get it in no other way.
Mr.. Kings theories that the President
an not delegate his powers to subordi-
ates would involve stupendous conse-
uences if they were carried into practice.
lie would be literally compelled to take
be field at the head of the army and the
cas- at the head OF the navy at one and
he same time. He would moreover be
bliged to give his personal attention to
very detail of the departments, sign all
eeds, commissions and papers of all
inds with his own hand. To carry such
n idea into practice would require ubi-
uity and omniscence. But the law diff
RS SO entirely with Mr.. King on this
ranch Of the subject that there is no way
, reconcile it. 1t must either be declared
or else the learned jurist
in the wrong. We can not discuss the
uestion, but for the present content our
slves in supposing the law to be all right
nd proper, whatever may become of the
mini m of Mr. King