The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-10-25
Vol. XXXIX.---No 40.

for, must b. placed g. columns. on one
siiD of paEer aud piacrd Ia fhe sumo bQllot-
bur After the State bad Hxe'i her day lvr
g-fssrai eircliOiss, and hal prescribed Iise.e
regulations. Il pieasrd the Congress 10 Hx
uPin tlis SINE day fpr the ell et.en ~ Rep
T T.-scflafivrs in Congress ami Presidential
7 El ctors. aud fo euart this election Law: but
{ Il has tot prescribed thar thr votes iOr Rep
I reseutatives la Congress shall be by p
araie ballot. nor be placed In . separate
E baii0t-bOx. As have said. our No3 cniber
election. al least a. 10 Presidential Electors,
aud a. 10 the Senators and R~pr' senta-
Z tlNes in the I.@gi-lature, and the District
I aud county riiicers. 10 be voted f,.r, IL q
\ State election
/ Now, fhr question ari-es can Federal su-
p-ryi.ors anu mar-hAls act az al IN silch an
( election a. our November 81 etion will he
/ Note. the ,Ot'r j. u vote btt once. aud by
I one ballot Tor all OF tie officers 10 bc voted
I Tor at that election le may not give "a sep
aTate ballot for keprest ntative Ia Congress.
/ nor put that vote In a separate box. The
/ Federal Constitution provides that the Lrg-
| islatuTe Of the State shall prrscribe the
time. places and manner of holding elections
for Representatives in Congress, hut re-
serves 10 Congress the power 10 = make or
alter such regulations" Art. j, See. 4.
| What has Congress done Ii has adopted
the time fixed by the State. IL has pre-
scIibed vote by ballot but not by sspardte
I
OF one ballot. for all persons voted for, on
one slip OF paper, placed In one box. 1t has
thus adopted tie State method OF one ballot
for all persOns voted for at an election. lt
has adopted the State registration. IL has
not attempted TO s. make or alter " the State
regulations" at all. Aud yet, now, under
plea of u Congressional election, IL assumes
power to Interfere in manner that might
seriously all the State election.
As 10 the State election, neither the Su-
| pervisors nor the Marshals can Interfere at
| all. Much le-s can they claim TO challenge
votes. or inspect the ballots, etc. IL would
seem plain, therefore, that, II Congress de-
/ sirss TO act Ia the matter of registration and
| election for Representatives In Congress, it
must provide for separate registration aud
"A separate election tor that purpose; aud
| that its present election law is uOid as be-
| ing an undue Interference with State cleo
/ tlons.
In presenting this view, assert no doc
| trine Of rampant state Sovereignty" but
| the doctrine OF the present Supreme Court
OF the United States, al tecided IN the Gramt
parish case. Said Chief JusLice Waite /:
| " Within the scope Of It's powers "a emu
mera'ed aud defined, it (the general govern
ment) is supreme aud above the States, but
hey ond these powers 1t has 40 ExIsrzNcE."
! The people of the United States, resident
within any state, are subject to two juris,lic-
| ticns, one State and the other National, but
! there need be no conflict between the two.
| The power which one possesses the other does
not. They are established for different pur
poses aud have separate Jurisdictions. To-
! GETHER they make ONE WHOLE and furnish
the people of the United States with COM
PLETE GOVERNMENT, ample for the protec-
| ton OF ALL their rights at home and abroad"
| United states VI. Crinkshank.
| That Idea is not novel. IL was presented
| by Washington In his farewell address,"
| as our only hope lOr the continuance Of the
Government of the Unicn over so large an
area OF territory.
! This late decision. and the late decision
! by the same court, in United States Us. Reese,
should be carefully studied, and especially
by all who advocate the intrusion offederal
power in elections.
! The case of Reese was an Indictment un-
der the 81 and 4th sections, and the case of
Cruikshank was an indictment under the
9Th section, OF the enforcement Act of May
81, 1870. That section 4, is section 5000,
| aud that section 6, is section 550S, of those
| Repised Statutes. Those decisions declare
them unconstitutional and void. or course
no lawful warrant can be issued, nor any
lawful act done under them. Ii would
seem that for the reasons given in those de-
cisions, the following sections of the chap
ter on ''crimes," In those Reused Statutes.
are also unconstitutional and VOID, viz
Sections 55O7 O. 1919, and perhaps other
sections; and il so, no lawful warrant can
be issued, or act done under them. IL, as
before sugs ested, this whole election act is
void, OF course no lawful warrant can be
issued, nos act done under tt.
THE PRRILs or THOSE WHO ATTEMPT TO AC1
UNDER THIS LAW, etc.
V. A void statute. or a section of a stat
nte, is no authority aud no protection t
I a sHft II
, such his unlawful act may be a trespass, al
assault, false Imprisonment or MURDER
! according to the circumstances of the case
L The act of Congress forbids eUery person
"ip the civil, military or naval service o
r the United States" to order, bring, keep o.
= have, under his authority or control, am
troops or armed men, at any election in AM
E State, unles- such force be necessary to re
} pei armed enemies OF the United States, o
} 70 keep the peace at the polls. The penalty
is fine and Imprisonment at hard labor
3 and disqualification to holding Federal of
/ | fiCe.-Revised Statutes, Secs. 552S, 5532.
e Sections $500, 80, 81 are also most sug
= gestive to officers and other persons in III
3 military or naval service Of the Uniteu
: States. If they attempt, in manner, b,
e force, threat, intimidation, order, advice o
n otherwise" to prevent any qualified vote
a ! from voting ct any State election, or inter
!, fere with Stale eieetion, except to vote
Z they subject themselves 10 pendllleS Oh I'm
= and Imprisonment at hard labor. and lorfel
the right to hold any Federal Office
: As to that exception, Z" to keep the peae
I at the polls" | remark, that the keeping c
a Z" The peace" within a State, Is purely
I, matter of State poliee,- which Fcderi
u authority has nothing to do, except whe
Il called upOu by the Legislature or the Gov
n ern6r Of the State, under Art. 4, Sec. 4, {
d the Federal Constitution. This was ex
e pressly desided IN CrinksliaAk's case. BE
D. sides, Us before shown, no marshal, or OthG
FedeFal authority, can appear or act, olfieia
a ly, in Mississippi, under this election law
: except that those outside supervisors ma.
= Dossibly, be present TO " witness" the Pre-
I, ceedings of officers holding the election,
In like manner, the law OF Mississippi fol
4 bids the presence of troops, or of arme
, men, within a mile of the place where an
election is held, except " for the purpose {
: quelilhga lot or lnsurrection, in the mai
IT Rer prOrided by lds, THAT Is, w St@te Ia
l. and by State authority, or for the purp5i
a OF defence In time Of war; The penalty
a fine aud imprisonment; land u the oiten,
# shall be committed icith intent TO iRfuen
n such election" the offender is, on convictio
N forever excluded from the right of suffrag
n and from holding office in this State. Cod
S25i3.
At IL is charged by many, that federal tr0ol
= have been called for by commits ees, or pc
influence the election" contrary to tn
statute. Ifso, il may become most scriOI
- matter TO all SUCH persons Our law PR
=, vides for the punishment OF the persC
:. "whO shall design and eRdeaUOr to comm
- any offense. and shall do any overt act &c
n wards the commission thereof but shall IA
" therein. etc."-Code, S2SS-.
The laws of the United States also pui
le ish by fine aud imprisonment, every CO.
"a spiraey, by two or more persons "to comm
nc any Ofiense against the United States" a
Is for example, to secure the presence
r troops, or of armed men, at polls, ia viol
ton OF that at Of Congress. Revised Sta
= utes. S5l40. This clause sEight REACH Co
= spiratOrs without this State, as well
a. those within IL.
III Our law also Furnishes, with fine and il
70 prisOnment all who "HRlalefRlly disturb Al
ne election for any public Office In this State
~ Code 1856. Any action Of marshal or de
at uty, under pretenSe of authority from Il
a act Of Congress, and especially his attem
n to summon posss of voters, or to bril-
,e- troops to the polls, would be an often
ne within this section.
ng Under the existing laws. Il Is thereto
All manifestly illegal aud most unwise, to q
tempt 10 carry the election by unlawi
or use ofeither the army or the marshals
lte the United States, or even to conspiIe
pt threaten so to do.
al VERY trulv