Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1876-10-05

IN March and Connecuc0G ers IN
April. Does Attorney Gen Il Taft
really think that the federal g &nment
has right to interfere with . No
vem5er election in those Sta when
they are 70 choose Presidentis ectorss
The choice OF electors stand IA. the
same footing as the choice of &c OH
GERS and is subject to fedeDk terfer-
ence in no other way. then,
does MIR. Taft, include then| hin the
scope of the statutei Such Ia kss and
inaccuracy show with how eare or
discrimination his circular wxPn Jared
and justifes US in inquifiE2 wi5esHer'
other parts Of it are not equally at vari-
ance with law.
The Attorney General asserts that the
decisions Of the Supreme Court last
March declaring the Enforcement law
unconstitutional referred only to State
elections and not to federal elections.
Now, il is true that the offence charged
in both of those cases was committed
in connection with State election, but
the reasoning of the Court was equally
applicable to elections of every kind.
Mr.. Taft instructs the marshals in re-
lation to "the peace of the United
| States, which you are to preserve, and
whose violations you are to suppress"
But the Supreme Court said Ger
tainly il will not be claimed that the
United States have the power or are re-
| CURED to do mere police duty in the
States. If a State cannot protect itself
from domestic violence the United States
may, upon the call of its Legislature or
Executive, lend their assistance for that
purpose. Mr.. Tait's instruction to
the marshals to preserve the peace and
prevent its violation without any call
from the State Executive or Legislature
is in open defiance of the decision of
the Supreme Court, which said, in an-
other part of its opinion. that 1.-The pow
ers OF internal police are not surrender
ed or restrained by the constitution of
the United States.' The Court fecog-
nized no exception to this principle in
the case of federal elections, but applied
it alike to all cases in which no applica-
ton has been made by the State anthor.
tiles after their own power to preserve
or restore internal order had beense xer-
ted in vain -
On the subject of elections The Su-
preme Court was very explicit. We
have decided that the constitution ofthe
United States has not conferred the
right oi suffrage upon any one. and that
the United States have NJ voters of
their own creatics ir States.'s ssThe
| right of suffrage is not necessary attri-
butte of national citizenship, but ex-
emption from discrimination ia The exer-
else of that light, on the ground OF race,
&c, is From these principle the
Court deduced the conclusion that fed
eral interference for any other purpose
than the single one OF preventing dis
criminatlons on account of race or col
or Is PLAIN violation of the constitution.
But in the Attorney Generals circular
the instructions are not confined to pro-
lection on that single point. On the
contrary they cover everything relating
to elections in which members of Con-
gress and Presidential electors are TO be
chosen. He instructs the marshals TO
secure voters against whatever in gem
| eral prevents or hinders them from a
free exercise OF the elective franchise"
The circular thus strikes at the very
foundation OF the Supreme Court decis-
ion. 1t Is the very gist of that decision
that the United States cannot interfere
I'm general" but only for the one spe-
citic object of preventing discrimina-
| ;iDn on the ground race. In the face of
the emphatic declaration of the Court
that the United States have not confer
red and cannot confer the right of suf-
frage on anybody Mr.. TAFT insists on
their authority Ito enforce the right TO
vote which they have givea.'
But the most surprising thing Of all
is the list OF references TO the Revised
Statutes which Mr.. TAFT gave to our
| correspondent To be communicated to
us. In that list he refers for authority
to sections which the Supreme Court
have explicitly declared to be void in
whole and in every part! The posi-
ton maintained by the Supreme Court
is that the Enforcement law is uncon-
stItutional because 1t mikes up provis-
ions giving protection to voters in gem
eral with provisions relating to race
aub toioi.
had no power TO disentangle and sepa-
rate the constitutional from the uncon-
stitutional features of the law and that
the whole is made null and void by the
unconstitutional parts. And yet Mr..
Taft cites these nullities in defence of
his circular. Ii a law is void in toto
1t Is, OF course, void in its application to
federal as well as to State elections
Alter deciding that Congress has no
power 10 interfere at all except for the
one purpose of preventing discrimina-
tions founded on race or color the Court
| concludes BY saying: I'VE must, there.
fore, decide that Congress has not. as
yet, provided by appropriate legislation
Tor the punishment of the offence
charged in the Indictment" As the
only thing it has righ, to punish in
connection with the suffrage is its de-
nial on the ground of color it is clear
that there Is at present no constitution
al law on the subject. The principle
applies equally to all elections, wheth-
er members of Congress are to be cho-
sen or not.
In conclusion we viii .ubjo;n some
pertinent excerpts from the Supreme
/ Court decision lit remains now to
consider whether statute so general