The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-10-19

! a -TU
eitcu 80 for Rrprr-en stiyes IL Congress. II
must ,foyide f,r separate r.gi -trition aud
separate election Tor that purbose: and
that iis present election law is cod as be-
Ing sn undue Interference with State elec.
tons.
ln presenting tai. ,i.w. assert no doc
trine Of "ampant "S.ate Sovereignty.' bot
the doctrine of the present Supreme Court
Of the United States. as tecid-d in the Grant
parish case. Said Chief Justice Waltz
" within the scope of i:s powers a. emu
meraied aud defined, IL 1.-The general govern
meD) IA supreme and above the States, but
beJ ond these powers II has 40 ExIsTENcE."
The people Of the United States, re,ident
within any State, are subject 90 two iHri.die.
I tlcns, one State and the other National, but
I there need be no conflict brtw.en Tie two.
| The p0wer which one posses=rs the other does
/ not. They are established for different pair-
ppses and have separate jurtsdictiOns. To-
| GErfKR they make oNg WHOLE aud furnish
the people of the United States with A CON-
PLETE GOVERNMENT. ample tor the protec-
ton OF ALL their rights az home aud abroad"
Limited States ys. Criuk-hank.
! That Idea Is not novel. f. was presented
! BY Washington Ia his farewell address,"
~ our only hope Tor 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 u.s. Reese,
should be- carefully studied, and especially
by all who advocate the Intrusion OF federal
power Ia elections.
The case OF X ese was an Indictment un-
der the 81 aud 4th sections, ard tbs case of
Crukshank was an Indictment under the
i 9th section, OF the Enforcemsnt Act OF Nav
81, 1870. That tectiou I. l.. section 5jOG.
aud That section 9, IL section 5J0S, of those
Revived btdtutes Those decisions declare
them unconstitutional aud void. or course
no lawful wHriantc can b. issued, nor any
lawful act done under them. IL would
seem that for the reasons given In those de-
clsiOns, the following sections OF the chap
ter on "crimes, In those Reused Statutes
are also unconstitutional and void, viz:
Sections 5607-9-l0-l0, and perhaps other
sections and II so, no lawful warrant can
be issued, or act done under them IL. "a
before suggested, this whole election act Is
void, OF course no lawful warrant can be
Issued, nos act done under IL.
THE FERRIS or THOSE WHO ATTEMPT TO ACT
UNDER rms LAW, etc.
V. A void statute, or a section of A stat
ute, Is no authority aud no protection To
such his unlawful net may be n trespass, an
assault, lalse imprisonment or a MURDER,
according to the circumstances of the ease.
The net OF Congress forbids eUery person,
"ln the civil, military or naval service of
the United States,' to order, bring, keen or
have, under his authority or control, any
troops or armed men, at any election in any
State, nnes such force be necessary to re-
pei armed enemies OF the United States, or
70 keep the peace at the polls. The penalty
Is fine and imprisonment at hard labor,
aud disqualification to holding Federal Of
tlce.-Reysed Statutes, Secs. 552S. 5532
sections 1923, 80, -'3l are also most sug-
gestive to officers and other persons, in the
military or naval service OF the United
States. If they attempt. In manner, Z" by
force, threat, intimidation, order, advice OF
otherwise to prevent any qualified voter
from voting at any State election, or inter
fere with u State election, except TO vote
they subject themselves to penalties of fine
aud imprisonment at hard labor, and forfeit
the right to hold any Federal office.
As TO that exception, ito keep the peace
at the polls remark, that the keeping of
The peace" within a State, Is purely Il
matter OF State police with which Federal
authority has nothing to do, except when
called upou by the Legislature or the Gov
Il ernor OF the State, under Art. 4, Sec. 4, OF
the Federal Constitution. This was ex-
prcssly deSided IN Crinkshank's case. Be-
aides, us before shown, no marshal, or other
| Federal authority, can appear or act, official
~, IN Mississippi, under this election law !:
except that those outside supervisors NAV,
possibly, be present to witness" the pro-
ceedings of officers holding the election.
In like manner, the law OF Mississippi for
bids the presence of troops, or of armed
men, within mile of the place where any
election is held, except Z" for the purpose OF
qnelling riot or insurrection, IN the man.
aer pr0Ulded by lao, Chat IL, by State law
and by State authority, or for the purpose
of defence in time Of war" The penalty is
fine and imprisonment; land iNhe offence
shall he committed 10Th intent TO influence
such election" the offender IL, on conviction.
forever excluded from the right Of suffrage.
and from holding office in This State. Code.
525i3.
1t is charged by many, that ederal troors
have been called for By commit ees, or ner
sons with the evil intent to use them "to
influence the election" contrary to this
Statute. lfso, it may become most serious
matter to all such persons. Our law pro-
vides for the punishment of the person
"who shall design aud endeaU0r to Gommit
any oifense, and shall do any overt act to.
wards the commission thereof but shall fail
therein, etc."-Code, S2SS-.
The laws of the United States also pun
ish by fine and imprisonment, every con.
spiracv, by two or more persons "to commit
any oflense against the United States" as,
for example, to secure the presence of
troops or of armed men, at polls, In viola
ton Of that act OF Congress. Revised Stat
utes, 35i4O, This clause might reach con.
splrators without this State, rs we'll as
those within it.
Our law also Furnishes, with fine and i'm
priSonment, all who "aaldUtuliy disturb aRy
election for any public office in this State"
Code 1886. Any action sf marshal or dep
uty, under pretense of authority from this
act of Congress, and especially his attempt
to summon posse of voters, or to bring
troops to the polls, would be an offence
within this section.
Under the existing laws. it Is therefore
manliestly illegal aud most unwise, to at
tempt 10 carry the election by unlawful
use ofeither the army or the marshals of
the United States, or even to conspire or
threaten so to do.
Very truly,