The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-10-26
Attorney General TAFT and Murat
Malstead ut the Cooper Union
Meeting.

|
Malstead at the Cooper Union
Meeting.
New YORK, October 25.-The an.
nouncement that Attorney General Taft
and Murat Halstead would speak to.
night at Cooper Union filed the great
hall in every part with an audience com.
posed mainly Of lawyers and the most
substantial citizens. Edwin W. Slough.
ton, a distinguished lawyer, presided,
and in a pointed speech introduced the
orators Of the evening. 4
ATTORNEY GENERAL TAFT,
in the course Of his address, spoke OF his
recent order TO the United States Mar.
shals. He said some complaints had been
made OF the order to United States Mar
shals. I have not thought 1t necessary
TO respond to these patriotic criticisms.
Perhaps Ihave been under an hallucina:
tion in supposing it to be very good
order and that it carried its justi.
fication on its face. It is clear
that the order does not authorize or en-.
courage the Marshals TO interfere with
any honest citizen while voting or per-
forming any other duty. They are only
to prevent, unlawful breaches Of the peace
Of the United States. They are not to
intimidate any voter-they are to pre-
vent intimidation. But political critics
claim that the order conflicts with the re.
cent decision Of the Supreme Court and
are concerned for the credit OF the bar.
II they had read the order and the de.
cision they would have seen that there
was no conflict. The case decided
by the Supreme Court arose upon
an election OF State officers only,
and this, order relates TO the election
OF Federal officers only. Besides, the Su.
preme Court in its opinion, lest some
ignorant or perverse man should misin.
terpret the opinion, went out ofits way
10 say expressly that the decision had no
bearing on, the clause Of the Constitution
relating TO the election OF members OF
Congress. The 18th amendment made
slaves freemen. The l4th. amendment
made them citizens and gave them civil
rights. The 18th amendment provided
that no citizen should be denied the right
to vote on account OF race, color, or pre-
vioust condition OF seryitude, and that
Congress should have power to enforce
this article by appropriate legislation.
Congress passed an act which it was
supposed would enforce this amendment.
Acase arose in Kentucky at IN election
Of State officers only, for denying the
right to vote to negro. The court held
that the act Of Congress as passed was
not appropriate legislation fol-, the prem.
ises Of that suit. The reason can be con.
cisely stated thus: Independent OF the
18th Amendment Congress has nothing
whatever to do with the election Of State
officers. Ry that amendment its only
power is to prevent the denial to citizens
Of the right TO vote on account OF race,
color or previous condition OF servitude.
But this act provides a punishment for
the denial OF the right Of voting 10 any
citizen, white or black. This transcribed
the right Of Congress as to State elections,
and was not therefore appropriate legis.
lation. The act should have been confined
to denial olthe right Of voting on account
of race, 81, but the court said that they
were not considering the effect OF the
fourth section OF the lirst article Of the
constitution as TO the election OF Senators
and representatives. The effect OF that
section is to enable Congress to make or
alter any and all regulatiops as to the
times, places and manner Of holding elec.
tions for Senator's and Representatives in
Congress.
These Instructions relate to the cleo
ton Of federal officers the view OF which
che Supreme Court says was notinvoked
in their decision in the Kentucky case,
and the order also says that the judge
ment OF the Supreme Court didn't con.
cern tie federal elections. That looks
reasonably plain. II any man does
not understand that, then i com.
mend him to the common school
ystem for further instruction.
can not afford to spend any more time
with him on this snbject.
But. another critic is worried because
the order includes the appointment Of
electors for President and Vice ,Presi.
dent, and supposes that he has made a
discovery when he finds that State Leg:
islature has a Eight to prescribe the
manner OF elecGng or appointing Presi- |
dental electors. The State Legislature
can FIX the manner Of appointing elect
ors. Congress has by statute fixed the
same day for the election Of Congressman
and for the appointme9tof electors, and
the State Legislatures have fixed the same
place and same manner, viz, by ballot at
The general elections. In the present
condition OF legislation, therefore,
as ia plainly stated in the order,
the elections at which members Of the
House Of Representatives are chosen
by law include also the elections
for President and Vice President,
and the United States secure votes
against whatever in general hinders or
prevents them from n free exercise OF
elective franchise, extending that their |
care alike to the registration lists, the
act Of voting, and personal freedom and
security OF the voter at all times, AS well as
against violence on account OF any. vote
thathe may intend 10 give Gs against con.
spiracy because OF any that he may al.
ready have given.
By section 55l3 OF the revised statutes
Of the United States it is provided that
every registration made under the laws
Of any State or Territory for any State or
other election at which such Representa-.
tive or Delegate in Congress may be
chosen, shall be deemed. to be registra.
ton within the meaning Of the preceding
section, notwithstanding such registration
il made for the purpose OF any State, Ter.
ritorial or municipal election.
The fact that Vermont, Maine, Ohio
and Indiana form an exception to the gen.
eral rule as to the time when the elections
OF Representatives in Congress are held,
ia immaterial, and it in no manner i'm
pairs the correctness or uSefulness OF the
order, which Is an individual communi.
cation TO each marshal and was not
for marshals 6f thope four
States, neither Of which were supervisors
or marshls employed at the elections.
The intructions were intended to give to
each Marshal 10 whom it was addressed
his duty under the laws as they existed
then and there, when and where he was
TO enforce them. Congress enacted n law
that all elections for Representatives in
IL l.,