The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-09-27
- na.asD .rE.Ks.
= ssassy ..nsi Clear IEeas~d Expe-
eare 81 Tans'- ssI1a Against tise
Erekdssn OF elections

GrctAeem O4 Hsaecffoue-
: Nea Nefk NoFid Of the sth.l
4 reporter Of This journal was yestel
/ day favured with most interesting iniez
view with Senator Bsyard on the snbjec
] Of Attorney General Tafft's extraordi
, nary ,.Orders turning over the South I
military law. We give the conversatioi
/. IN iu
kaPgter--HaTe you read the onle
cfJHsse Taft. giving form to the die
tates cf Grant. Cameron aud Chandler
and Hzat 10 yoa think Of 1t?
Senator Bayzrl-No document 50 par
tisan = character, 50 reckless of all con
stl1nti9nAl Limitations upon power, 50. re
gardl&s Of historical truth, SO utterly in
subos4inate to the decisions Of ths
Surfsale Court Of the United States,
has ifishe history 0four country issaed
from . atenartmenf, not only acting a:
all departments should act, under the
SANCTION Of law, but looked to BY al
other Departments of the executive as il
self thg foam Tain Of law for them. eaf
Il Hapeyon read Mr. Evart's opin-
ION o3lo6S, reproduced in the World Of
WesI,lesday?
SeliAtor B--I have read it, and by
theiigt Of that epinion / consider that
nay coAdemation Of Judge Tsfft's order il
lcemplstelY iustified Mr. Evarts' opin-
flon hseathes, from FIRST to LAST, tie true
-isssss .sS.,, sss tsIa a,sls,~v :.
the civil power. Judge Tafft's long,
confused order, opinion, or whatever il
may be called, directly reyerses this
American theory, and seeks by quibbIe,
evasion, and downright usurpation, to
place law under the foot of military pow
er, and ifcarriea into effect. would abso-
lutey annihila.e every police power neces-
sary tor the maintenance of State Gov
ermaents.
Fer example, both Mr.. Evarts and
Mr.. Taft cite the opinion of Atotrney-
fGeneral Casting, as 20 what may be
comprised in the posse eomitatais In Civ
| ing his abstract definition, Mr.. Cushing
recognizes equally the power of the STATE
within its proper jurisdiction, and of the
! United States within theirs, by deelar-
ing that the persons and classes alleged
| by him to be comprised within the pow
er Of the county," are all alike to obey the
commands of a sheriff or marshal Il. e.,
that the county or State official, the sher-
riff, Is as fully entitled to the aid of the
power of the county iii execution of his
lawful duty as the United States Marshals
can be. But Mr.. Taft sees fit, in clutch
ing at power, to serve the party. ends of
his superiors, to omit the well recognized
and essential fact, that neither the State
nor the United States can either directly
or indirectly interfere with each other in
the exercise Of their respective iurisdic-
tiOns that the existence and mainte-
nance of the due power of each, is as
essential to the maintenance of our sys-
TEN of government as of the other. TIC
use the forcible. words Of Mr.. Justice
Nelson, speaking for the entire cuort il
the case of the Collector against Day
9th Wallaee) F: To disturb these
essential. rights and powers of the States,
would cause our government to disap
pear from among the family of nations.
Thus no Judge of Uuited States Court
has so far ever attempted to assert thai
when Jurisdiction has fully accrued to 8
State tribunal over a person or a subject
- =, dispute within the cognizancs OF the
9sate ,it tribunal, such Jurisdiction can be
e nuiilned by the United States. Illus
e 5SIIlons Of thfs are too frequent to make
E1scussLon necessary. Bnt, passing b,
rsdiefi over ri1ll1i matters ter WGf Sa at
: must in the nature Gf things, belong sole
ly to State tribunals, the claim of powe
which he makes is so full of danger, mo-
: to the South alore, which affords the i'm
mediate pretext, but to every section o
tie country, the North and the West a
WE'LL that it should be instantly met b
all who love law and order, without re
gard to party, with the sternest reproba
tidn and condemnation. What does Judg
Taft mean by speaking of the paac
of the United States, which the maj
r shas and their swarms of deputies are t
:. preserve, and the violation of which the
,; are to suppress, and which protects
Y amongst other rights" the rights sp'
l. CITED by him? Does he not plainly mea
Ie that as the United States include a
o. the States, the preservation of peace j
!. each State, and the right to suppress viz
Or latOns of the peace in each State, al
t, taken from the control of State officia
Is and handed over to Federal power
re What are the breaches of peace of Il
United States, for the violation of whiC
they NAV arrest and secure all person:
DOES Judge Taft mean it is intended
obIaerate the States and State powers
relHion to all matters connected with Il
.presarations for or conduct of an election
III If hot this, what does he mean when
ng saws ''the United States secure vote
int agahst" whatever in general hinders
en- prevents them from full exercise of
: elective franchise, extending that ca
No alike to the registration lists, the act
of votiag and the personal freedom and
ere curly of the voter, as well against v
ve- lence on account of any vote he may
the tend to give as against conspiracy g
cause of any he may have already givel
If this language does not include alb
lutte and unlimited police control over
elections, it would be difficult TO f
words by which to give it.
wa What does Judge Taft mean when
speaks of the right to vote which
la United States have given or have secure
ov- 'Yhere did the United States give
fright to vote 2" And to whom?
,ia- Supreme Court of the United States
rhe tincily affirm, in the last decision On
subject, that the fifteenth amendn
use confers the right of suffrage upon no {
bli- and yet it was only uader that amendH
of the Constitution that any claim
get made in the argument of the cases
'nre which this decision was made. The
icaD preme Court had long before and reI
edly decided that the fourteenth am
the meut in no way touched the right of
frage.
Although JudgeTaft proposes to e
the effect and force of these decis
which should have bound him as
J his YER, and to which it was his duty
that citizen to conform his conduct, by ST
{, as toward the end of his opinion tn;
D sit '.hzs considered these recent impo
lings judgments given by the Supreme
i'm of the United States upon the &C
-omi- Congress which regulate this ge
.nths topic, vet he proceeds to aver tn