The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-18
Conflicting Views of a Great Juri.t.

Conflicting Views of a Great Jurist.
Mr.. Il. W. STouGHToN is a gentleman
who, we presume, cannot object to being
confronted with himself. What others
have said upon any subject may be Of no
consequence to him; but what he has him.
self said at any former time. in COMPARE
son with what he now says, may be Of in
terest to him. prov ded always that he
cares, in his political mutations, to pre-
serve the respect of intelligent people He
printed letter in the Times Of last
Friday, the object of which j. both to de-
fend Attorney-General TAFT's circular to
the Marshals aud TO defend the Federal
election laws under which that circular
purports TO have been issued. Mr.. Slough
TON processes now to believe that
these laws are constitutional; that
they were passed 10 secure the
right of the citizen 10 vote, to pre-
serye the peace Mt the polls, and to pre-
vent fraudulent voting at the elections of
Fede raj representatives and that the prin-
cipal moving cause which led to their pas
sage was the prevention at Federal cleo
lions of such frauds as he now asserts were
perpetratcd here in ls6s.
Al present we merely cite the passages in
Mr.. STouGHToS's recent letter in which he
assei u his present opinion to be that the
Federal election laws are constitutional,
and assigns ms the reason for their passage
the prevention Of frauds IN the election Of
Federal representatives. These passages
OF his letter run ne follows:
MR.. sTouGHroS IL 1870.
II is a well settled rule which should ever
guide and control the ofncial conduct Of OK
.eutive officers, that they must regard lens
Iative acts as bind ng upon them until held void
ey competent judicial authority and hence
such scts OF Congress as cast upon Mnrshals OF
tle Cuited states the performance of certain
duties concerning tine election of members OF
and delegates 10 Congress, they are bound 10
General ~ the United States to give them such
Instructions as Will make their duties a. plain
and easy OF execution a. possible. II he has
zone thls thd thls oulv' he has but performed
his DUTY, whether there are or not doubts as %
The cunsiitutonality OF the laws under which
w ' are 10 ict bnt II II be clear ~ thlnN u
10. not only that ihese acts Of Congress are IN
al subst, ntiai resuects constitutional. but were
ttonai RIGHTS 81 The citizen. thea the head Of the
De, artment Of justice deserves none - the
.ouse, none u tue denunclation which has been
The acts Of congress which were designed to
secure tue right II the citizen 10 vote, 10 re-
serNe the peace Al the polls, and to prevent
Y duent Sgtine,were ssed on the 3lst 81 MAY,
$50; on the lih of July II that year; on the
q u Oi FEBRUARY, Isl, and ON the ICON 81 June,
~. an9 these,H- ocihed IS each otharleScelt
mt ri jus, which Vas substantially ronealedl.
sre inc TpOrated va substance into the Revised
Statutes OF tue United States, ia title 20. un
81, head u " The Elective Franchise"
Al examination If these acts will show that II
rnly for the purpose u securing q 'air cleo
tion OF ohccrs whose dunes are aiional Wer--
" nj prrNis' = are alpo.ufed ana the active
duties II Marshlls ard their deputies required,
Aua when We descend 10 tue principal moving
"a - wnich lea to the passage Of these statutes
80 oaious to the Democratic ieadef.-we lnd
II ~ The flauds fefpeirated by l1iDEN. lwEtD
tnn otneia iL Tie CiN OF New York Ia 1865, Nh,u
- VA w. nc" 'lh' Wh'h lltN iultn would
urn the iicsideullh - ale IN favor Of SEYMOUR
Lnd against GHANT. Was carr eu ny 1.-The n4-t
gi-nht'c ahn Nlch"o l'huI7 "Nnr pefpetratrd in
county uoatuug Of a representative govern
ment. 1t was manly 60 prevent tue
tepruti"n ol sue" dangerous iraude a- these
tba, The a. ~ in quest We're passed a4l Wal
pr ~ si"ir TIE n'tute ana mhen tudc Of THESE
Ierperati n,tnet men like senator HAYAi,p aud
many ot'trs "i M iarty may Judge whether
songrr-s exceeded It's duty 100 att-mptiuE. as
n id by the Legislation In question, - pre-, rye
The puTity of elections for mrmbeis Of Congress,
sDd to punish those who by fraud cor force
should attempt 10 deprive our REQ. Of tue
legitimate fruits Of tue elective franchise.
In 1871, when the Federal Election law
Of May 81, 1S70-the foundation of the whole
system that is now embraced in the Re
vised Statutes of the United States was
Il st put in operation in this city, Mfr.
eIOUGHToS was, or was supposed TO he,
Sci employed by a Democratic committee
In this city TO test the constitutlonality
OF this law in the Federal courts He was
well aware that the sole reason for oppos-
hg and testing the validity Of the law was
because by iis Interference with the state
registration lists, which were to be used for
The election Of state and local officers al
The Same polls at which members Of Con-
gress were TO be chosen, tins Federal law
gave 10 the officers appointed under it "A
dangerous control over the State and local
elections He was well aware that the
Democrats of this city resisted this Federal
law, not because of its tendency to pre-
vent frauds which were for all elections
sufficiently guarded against and punished
by the State laws, but because Federal
law which made no registration lists OF its
own, but winch appointed Federal officers
10 supervise and interfere with the State
registration lists, could be used to control
the election Of State and local officers.
In arguing that Congress had no oOnsti-
IN lonhl authority TO pass such a law MI
bTouGHToN not only dad his duty rs an
advocate to those who had employed him,
but he took 81 ear pains TO impress upon