The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-24
THE WORST USURPATI0N.
GRANT USING THE ARMY TO EN-
FORCE VOID LAWS.

which the Court has set inside ns Upcon-
stitutionai and Of No Effect Whatever
~ nenso n Dammit SsI- Ireniens' dnd me Ae"oeIs
orms Young M,n's Democruidc UHion cue a INC
C,is Of New York
Crxr,rNrS, | have received your invi-
tat,on to address you on the eunject oi '"o
circul,r of instructions lately issued by the
Attorney. General Of the United states 10
the marshals In reference to the approach
inc national election II would give mo
ereat pleasure to meet you; but as can
not be in town of an evening hetore the last
week in tho present month. 1 must ask you 10
permit me to reply 10 writing. Perhaps this VIII
be the better mode OF discussion. for the reason
shat the subj ct requires to be treated with
great precision and deliheration.
Asa citizen. l feel indignant and alarmed at
sseing the Cove nnent OF the United States pre-
pairing to employ the army at the polls. AZ
member OF the great profession OF the law,
feel Inundated and ashamed that such paper
ss this circular should have emanated from the
depart m ent that II supposed TO be presided over
By lawyer. and that Ia on tally STYLED the De-
partment Of Justice. or the present Attorney
General know personally nothing. He may be
Avery respectable gentleman In his private rela-
lions aud his private character Th,t he knows
very little OF the jursprudence and constitution
n law Of the United States. It Is but charitable
10 presume. OthcTNlsc. one Wohid w hiNNh ~
conclude that he has knowingly perpetri ted an
ofactaI fraud. Bot however that NAV tie, the
issuing of this ci culaf Is tn be attfiuuted prop
ably. to the ct that mother member q the
Cabinet. VINO Is the &C i've and tncient Chair
man 1T a Utrty committee. Organized secure
the election ~ Gov. Hayes - the successor 81
Presto eut Grant. has teen permitted by President
Grant to use tue ID partment II Justice To
accomplish this Jsct 1t is the frat time In
the history ~ our Govern nent That an outgo-
tng President has made direct attempt to
erasp ne uachincry ~ which tue peo ie II we
several states are To cxuress their will In the
election Of hi- III .cs--ur. The pfctexts on
which TITS attempt Is rested aud the means ~
whion it is u be earn a nut. ara WORTHY oi
serious examination. You viii have, INNS, no
diffioultN In understanding the SUBJECT, If be.
gin Its cNpl1 nation ~ precise statement "
the constitutional md legal relations ~ the
Federal Government to the processes by which
the suffages of the people design TO and APP
point the FED RAJ officers VINO are chosen 10y
popular suffrage In the several st7tes ~ the
Union. American ciiizeus are so much nccus-
toned 10 understand anu appreciate the funlh-
mental Institutions OF their country, and the
distnctions between the deral and state
powers. that no one who undertakes To treat OF
them IN pubic ne DIS to feel that he Is dealing
with very ao.tru'e or dili ut matter
There are only two classes Of functlOnartes In
the FEEDER Government whose appointment IL
effected ~ POPULAR ~ axe In the several
States. these re the REPRESENTATIVE in Con-
eress and the Presidenud EiecOr The quail
ncations Of voters Tor ltepl eseutatves in Con
each state, the same the qu lncations of
voters for the most numerous branch Of the
State Letislature In other worcs every person
who. by the state Ias, 1. entitled to vote IA the
ohoico ~ memners OF the most numerous
branch OF the stale lie .isIature. is ip.o frcfo.
entitled to vote for Rel tives ~ Congress
Moreover, tue rexul non OF the time. place. aud
manner OF voting for the Representative IN
Coneress /, entirely c"Tmittcd by the Federal
Consultation to the Legisi uures u the several
Bates, excepting that Congress NAV. IT neces-
sary. alter the state regulations, or make new
Ieeul tions supersedius those Of the States.
There C be no ques lon whatever that the sole
gress when any State had failed to p 50 laws
when would secure To its people a representa-
tion In Congress and keep that body from dying
out. or when the State regulations should be In
convenient or oppressive. Con.ress might step
In and supply the needful legislation. super
seding that Of the ST ties. But while Con- ress
undoubtedly has this r. served power. II Is to be
noted that " has never been exercised, except
ing to provide tb.t tue elections snail be by DIS
tricts. here never mas been, and there Is not
now, anv law "f tue United States winch takes
out OF ho h nus OF the State LEGISLATURES .be
Regulation OF the tliue, place. ana banner of
electing Representatives TO the national Legi,-
1ature. excepting III the one particular above
mentioned. In all other respects the whole
matter continues to te regulated 10y 81 te laws,
ash l"bVs s oeen ana TINS Is point which
1t Is important for you to REMEMBER. when /
the machinery Of The Federal elections.
With regard 10 tue choice Of Presidential
electors Il Is unly necessary to say that inas-
much hs lheN are mere iuuctlnnalies 70 cast the
votes OF the states IA the cnnice ~ President.
the tederal Constr u'ion has entirely commit
ted the mode Of ,nelr -ppoiDtlnent 10 the state
Legislatures. Inc Legislature ~ each state
may rect rs PRESIDENTIAL electors o be chosen
by paul suffrage, Or may appOtnt them itself,
and Congress mas tothing TO do with the ,hoi. e.
although Congress may provide that all the
electoral colleges when chosen sh II vote for
T. esldent on the me day. With rex "a 10 the
mode II Collecting the oopul surr RACES Tor
thee electors. the qIallncAuon Of The voters
for them, the care aud stody q the ballot
boxes. all these thugs are necessarily regulated
by Site VS.. and sup.rlutendeu ~ Il ite Of
ncels ana aEi-tfater. just 10 they re Ia regNd
To the ch ice "i repte-eu atiNes Ia Congress.
All TINS il rntirel, mili = 10 you. out must
IeniuI you OF unr thtne more. II has louV beru
the custom IN most Of the States, on account of
convenience AID cc"ngmN, To hold the elections
TR AHTtsaa D..
electurs ON the saline v, and Al the same places
az winch state aud local officers re chosen.
aus custom Congress has never IN eriered win.
As tue ci,iLens VINO afe entitled to vnte tOf
State IN e., are the same a. TIA sc entitled o.
vOie foi the Feaefal func "uAries. when "a : ate
has registry law. preparatory To- the election. a
man VINO ugntully outs MS name on the r-sis
Gation list Is eutitied wheu tue day OF eiecti q
comes' /" Io'e Z ahf aLl al omcer, " no are
10 tie voted lor at that election. Moreover, The
regisir ton Is - ate r-corI, m the CUSTODY aud
supefN7io 81 ~ Ia Officers acting under STATE
laws. hcRistrattOn nas always been exclusive
anu entirely state requirement. where II mas
etlste al an h"u uhlrsa Congrc-s uiovlues Nv
. law OF ITS own, Tor separ lie REGISTRATION OF
voter e tIs elections Of Federal representa-
tNes ~ cannot win any sort oi pr Tiety or "
any claim OF riRnt, uieddle with lie state regis
try or undeit Ike u suOorvise or to affect 1t in
any way Ahd YOU VIII see mat d ~ very dan
eerous thing Tor Congress TO att .mpt to do So.
Tor II YEA reflect upon 1t for moment.
bis n,me the STATE registry, lie
puts 10 there 70 sec IRE his rgut 70 vole Tor the
State iii 'ers vino are e. be voted flr when the
dav OF election oues; bat II Federal oficar
Stands at his elbow, Win power 10 arrest man
on suspicion that he Is not d ,,t .lia-d voter or
that ne j. ATTEMPTING % register Ia the wrong
place, uppn tue pfettxt IN { tue uan means to
vote OF inb NIte tur d Nepre awe Ia Con-
RTess, That FeIerI oficrr exercises IA direct
power over the 1T Ito election. Inis mischief
woull be avoided n Congress would make a
revlsu 'tlun Of rs Own. Hut our HcpuDli an
rulers i"r tun past tx years nave never done TINS
bohr7t nud btf iSutorWAru THING. Ihey nave
Pfeiei cd T. fracu end control tns state regIs-
tIhll1h % I by slttiunlug onicrTs al TIE y ace,
OF StiiN fr-iat ration, on the assn utliuu th AZ
person VINO ppt heir names IN tnat State regis
Try "'ii vote Tor meultois VI Conefes. without
beng rutt.ieu To- d'sp, By thls process OF Ia
tsiltrhg Win the Stale Texiatfatlon lists, they
get due 1 .owef Go 4uecl the elecuOu vi State
Cncers.
IL yol follow the voters who have registered
ther Ia e.. GA ihu STATE lists iu tue pDllug
place, NOu viii hud tnr same dl,scuirf A man
VINO us registered comes up to vote, the % hot
boxes beng IA Tue custody OF state lcers
wnOse Uutl ~ Is ~ Nna IeuVo the voters. lie
oners p Tnaps To- vote Tor member u 4 upre,s
nrst. intending rIt To vote Tor st4e officers. II
there T. IA Federal marsnui there t. arrest MIN
on suspicion his vote fua state officers ID prevent
cd, ana no Is marched ~ III custody, wnen tue
State INSPECTORS, u allowed 20 examine his rkht,
might n.Ve received AL his votes with perfect
propricty. An TINS uii.Chief comes Of the gr4tui-
tOuS .--unipuI IN IN 1 the state Iuspecturs,