The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-09-21
TAFr's INSTRUCTIONS FOUNDED
ON HLLEGALITY-NOC CHING But A
DBsFOTIC mOVEMENT,

| hshes Infee-column article upon Ta1t's
circular. He starts out with the broad as
seri ION that the ground occupied by Taft
il thoroughly untensbls In legal point of
view; tnst there Was not the slight 81 rea.
son, outside of this known llegslity, for
any hesitation or delay on the part of Mr..
Taft 10 issuing his infamous instructions.
de was reported 70 be long time in pre-
pairing them; while, by simple and easy
reference to the statutes on which he claims
10 have founded them, an hours work
would have served for his purposes. These
statutes are linitsd, all base q upon the en-
forcement act, and the Supreme Court of
ibe United States has declared this act un-
constitutional, and hence the supplement-
al act falls 70 the ground with it; and when
ever 1t comes before the Supreme Court it
will share the fate Of the original act. The
settlement of the Grant parish" case and
the ''Siaughterhouse" case SO fully covers
such an opinion as to leave it unquestion-
able. a a. . son
The writer in the Times goes on to say
that Tafts own circular expresses the gist
of his illegal instruction. Taft says: r-
| In the present condition of Legislation
| the United States occupies position to
words voters and voting which varies ac-
cordinS as the election is for State and 9th.
er local officers only, or for members of
| Congress AMI presidential electors. In an
election at which members of the House of
Representatives are chosen, which by law
I aItt1a al. 81. r
President and Wee President are appointed, ;,
the United States secures voters against
whatever in general hnders or prevents
them from the full exercise of the elective
franchise, extending that care alike to the
registration list. the act of voting and the
personal freedom and security of the voter,
as well as against violence on account of
any vote he may intend to give as against
conspiracy because of any be may have al
ready given.. fl 1i
The Supreme Court has declared that
the right of suffrage is not conferred by the
Constitution, and no branch OF the govern
menS has any right to interfere with Its
xercIse. The principle laid down is that
''the United States have no voters of their
own creation in the States" and that the
States can alone prescribe the manner of
voting as well as the times and places of
holding elections, and hence the Southern
States could, if so inclined, establish
qualifications which would prevent the
blacks from voting at any election. Every
case that can possibly arise under Mr.
Taft's instructions, is covered by the
decisions of the Supreme Court in the
Grant Parish" and Kentucky election'
cases, which expressly declare that the
United States has no right whatever to in
teTfere in any such instance. Mr.. Taft says
''As chief executive officer of the United
States IN your district, you will be held re-
sponsible for ali breaches of the peace of
the United States, which diligence on your
part might have prevented, and for the ar
that peace in any of the above points emu
merated." The Supreme Court says: Ger
tainly it will not be claimed that the United
States have the power or are required to do
mere police duty in the States" The power
which the Supreme Court believed that
nobody would ever have sufficient audacity,
to claim, is shamelessly assumed, in the
face of its solemn and unanimous decision,
by MIR. Taft. No such monstrous usurpa-
tion of power was ever dreamed of in
America. Mr.. .Taft's instru tions, if car.
ried out, would permit the administration
to appoint all the members of its party as
deputy marshals or assistant supervisors,
and to arrest and imprison until after the
election all the members of the opposite
party under the pretense of preventing"
violations OF the peace. ''@a L''.fo "'.;
The very ofenses which Mr.. Taft specl-
hes in his instructions, and which he di-
rects the marshals to prevent or punish,
were involved in the two important cases
decided by the Supreme Court In the
''Grant parish" case the accused were
charged with ''banding" and ''conspiring"
together to ''injure, oppress, threaten and
intimidate" certain citizens of African
descent, with the intent thereby to hinder
and prevent them 10 the free exercise and
enjoyment of rights and privileges granted
and secured to them, in common with
sll other good citizens of the United
States, by the Constitution and laws
of the United States" The Kentucky
election" case was that of two inspectors
of municipal election, who were accused
of refusing to receive the vote of citizen
Of African descent. The court held that
neither Of these indictments was good, be-
cause the United States had no power to
create any such offenses, or to prevent or
punish them. The court decided that the
regulation of the elective franchise and of
the manner in which it shall be exercised
with the sole exception that no laws shall
be passed making determinations on sc-
count of race, color, -etc.) belongs
exclusively to the States; that Congress
has no power to make such an important
change in the election laws, interfering
with the practice of the States in regulating
by the States, substituting performances
wrolRfully prevented for the performance
itself, and creating new statutory ofenses;
in word, that Congress has not the power
to provide, generally or particularly, for
the punishment of those who. unlaw-
fully interfere to prevent the exer-
else of the franchise. What Con-
gress is not able TO do, the Presi-
dent has no right to do, nor has any mem
Der of the cabinet; yet the Attorney-Gen-
eral proposes to assume this power and del
egste it TO an army Of deputy uarshals all
over the country, whom he authorizes to
call the army OF the United States to their
assistance in carrying these illegal instruc.
tions into effect. t.s,...
Thus it is proven that all classes Of
Ofienses contemplated in Taf,'s circular are
expressly declared in no sense cffenses