Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-10-26

/ lederal elections. Iha locks reason
ably plan. II any man fails TO un
| derstand that | commend him TO tn,
common school system for further in
s'ruction. | cannot afford TO. spene
sny more time with him on the sub
ject. But another critic is worried
because the order includes the ap
poiniment of electors for president
and vice president, and suppeses thai
he has made a discovery when he
finds that the state legislature has the
right to prescribe the manner ol
electlng or appointing presidential
electors, as members of congress and
prssid-usial electors are by law elect
ed 1t the same time and place. The
s,ll election -hy-l.w includes both MS stated
in the order. 1t is wholly Inmate
rial to the marshal what th,. state leg.
lislxture might do. 1t was the duty
iof the attorney general to instruc,
what the law under which he was to
act was.
BY the constitutions, congress has
power to prescribe the time and
place, and manner for electing mem
bers OF congress, also to fix the time
for the appointment Of presidential
electors. The state legislature can
tis the manner of appointing electors.
Congress has. by stasusc, fixed the
same day for the election Of congress
men and for the sFPaiament of slec-
tors; aud state legislatures have fixed
the same place and same manner, VIZ,
by ballot at general lelect,ons. The
elections at which members of the
house Of representative are chosen
by law, include also the elections for
president and vice president by
which electors also, arc appointed,
and the United States secures voters
against whatever in general hinders
or prevents them from free exercise
OF elective franchise, extending that
care alike TO the registration lists, the
Act of voting, aud personal treedom
aud securities, as we'll against VIC
'cnce on account Of any vote that he
may intend to give, MS. against cou-
splracy because Of any that he may
already have given.
BY section 55l3 Of the revised
statutes, U S, tits provided that ev.
cry registration made under the laws
OF any state or territory for any state
other election HI winch such repre-. [
sentative Or delegate III congress may
be chosen, shall be deemed to be
registration within the meaniffg or
the preceding section, notwithstand- I
ing such registration is also made for
The purposes Of any state, territory,
y municipal election. The fact thai
Vermont, Maine, Ohio, aud Indiana
'orm exception to the general rules
IS 10 the time when their elections
of representatives. in congress are held
IS immatetial. 1t in no manner i'm.
oaifs the correctness or. usefulness of
he order, which is an individual com.
to each. marshal and WAS
.0s ,,s,eDded for nnrshals- il.ese
our states III neither Of which were
supervisors or marshals employed at
he elections. The instructions were
Intended to give to each marshal 10
whom it was addressed, his duty IN
Fer the laws as they existed then and
here, and when and where he was to
,nforce them.
Congress enacted law that all
'lections for representatives. in con.
,ress, without exception, should be
rid on the Tuesday after the 6rst
Monday Of Novembea, as it had the
'bsolate right to do by the coastitu-
ion, bat finding that these four states
lad got the time fixed differently by
heir state constitutions, and would
'e embarrassed If congress insisted
N uniformity as to them, an amend
nent was enactad at the next con-
,ress relieving such states as could
ot conform to the day fixed by con
.ress without an amendment Of their
tate constitutions. These four states ,
hus form an exception. In all the
est the representatives in congress ,
nd electors are chosen at the same
lme aud place, and in the same man.
err and really at one and the same +,
lection. So far as the registrations ,
re concerned, the statue of New
,orls expressly provides that they
hall all be elected at the same gen
raj elections, and all other states
ave similar provisions, excepting
colorado which makes it's first i
hoioe OF electors by its legislature;
ut these exceptions do not in anv J
banner affect the principle of the or ,
er, AS it was not Intended for the ex. 5
epted states, as shown by the order |
self, which con6pes its instructions {
, the elections to be held on the /.
'uesday after the FIRST Monday in
next
1t is not necessary to peak Of the
anse relating TO the posse comitatus.
is too well settled for dispute. The
rder is not military order. II !,