The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-18

the Court his personal convictions, or what
he said were his personal convictions, from
high sense Of public duty to the Court
and to the law of the land, which he pro-
| fessed with great solemnty. He not only
| did this, but he expressed ms his own the
conviction then universally entertained by
| Democrats, that the motive for the pas
| sage OF this very peculiar law as to enable
| the Federal Administration TO control the
State elections. Mr. SToUeuroN had not
then become GRANT man, a Repubi-
| can, or n candidate for a foreign mission.
Az mere advocate, arguing against
the constitutional validity of the law, he
did not need to say anything about lite
political motive; but he went out of his
way TO denounce the motive OF the law in
terms that contrast strangely with the
opinion which he has formed of II since no
became an apologist for GRANTS outragcs
ut New Orleans and an applicant for such
favors as the Republican Administration
may see fit to bestow upon him.
Here is what Mr.. STouaHTos said about
the Federal Election law, in 1871, in defend
ing man who was indicted under law of
NphEiteS loi nuNlB Dut his uhult upOh tut
State registration list in two places. Our
readers will bear In mind that the United
States law of 1870 and the provisions of
the Revised Statutes are Identical in this
peculiar feature, that the Federal officers
are appointed to supervise the State regis
tration lists and to watch the ballot boxes
which are provided by state laws for the
reception OF votes for members of Con-
gress; and that rs TO the ballot boxes in
which votes for Presidential electors are TO
be deposited, the Federal laws do not even
profess TO interfere at all for the preven-
ton OF frauds or any other purpose
MIR sTouGHTos IN 1871.
We NAV be on the part OF the defence under
the influence Of a oeiusion as to the disposition
that ought to be made % the questions which
are Presented here for adJuuic.tion. II IL
not, however. delusion. that for the frat time
IN the histor, of this Government. we hud AN
act OF Congress-, autnuri2iug the appoint
ment OF horde OF officers under various
names. rising up In our midst to Interfere with
and control elections hitherto held In the
States quite unobstructed aud untouched 10y
Federal interference. Ii Is not Il delusiOn that
for eighty years we b,ve lived without
hour. such a law, lavolyias the scSstfac
ton referred to by my learned associate, has
never been subject of consideration, legi-a-
that an act which authorizes what this does
interfering a. this does " ltn the freedom Of our
state elections-is one OF great consequence.
IN irking an era In the Congressional legislation
in'the uited States.
Now, IN view of the importance OF the statute
aud Of tue consequences flowing from At. We
have veutured on the part Of TINS defendant
nominally. but really Ia the execution If what
We conceive to tie our duty to the Court and to
tue Law, 10 present considerations. etc, etc.
Here followed an elaborate argument to show
thai Congress- had no constitutional authority
lN u = ". "A.
competent for tOngfess To do In respect to The
election Of members Of Congress, Mr. sTOUGn-
TON tuen u oceeded as followrl:
IL WAS competent for Congress to have de-
clared that members OF the IA uusc OF Repre-
seutatiyes should oe elected at "a different tim"
from that Il which the state officers were elect
ed but tuat has not teen done. There
would In such c-se have been no interior noe
with state ,lection-i and II Congress had de-
sired to avoid such interference or the appcar-
ance vi It. the day would nave heen changed.
But really. - all intelligent DersOns, not
blinded by political prejudice. well know, the
real purpose Of this act was not u prevent
frauds Ia the election OF members Of the House
OF REPRESENTATIVE, tut to interfere with aud, u
possible. control the election Of nigh STATE ON
cials It il well known that members Of Com
rress for the city 81 New York viii be elected
10y the Darty which has tong been dominant here.
and so this Congressional Interference has been
Thrust III at the timc of electinc state OH
Let Us 10 d step further.
Congress Is excluded from leglslIting 70 alter
the place Oi election for senators Of the tni,ed
states. but IL may change IT lie regulations a. 10
the time and manner of elrcting tuem. Let me
inquire Wutkutf. upon lftktAk u altering Tue
manner Of holding the election Of senators of
the United States a. Albany Congress could
empOGer the Marshal of Northern New
YORK TO appoint deputy marsias TO enter
the Capitol and see that members Of the
Legislature IN joint ballot properly performed
their duNesy Or could Congress autnorz- tue
Circuit Judge 10 appoint Supervisors To- watch
the voting for SenatOrsI IL suOn interference
shall ever, upon any pretaxt. lie attempted. IL
will not In my opinion be met 40 pcace4tly IS
We are now and here meeting that alieAdy
that while entirely conscious that COUNSEL
IN de ling with subjects, are quite apt to err
especially IN the heat and zeal ~ professional
labor and enOrt, Yet ! have struggled honestly
to learn under what section of tue Constitution
Of the United states any far pretext is anOroed
for the legislation We are now considering. -
Now, submit AT II such legislation II to be
tolerated under TIE Constitution If tue United
States, II Is uuheaId-Of legi .at uit II unnecrs
sary Legislation, Il Is cruel leEisl ZION AID IL
though courts OF Justice are ALWAYS tender ABOUT
prunuuuclne LAW uht' HsiltduohaI ana invalid.
clude, sc. Viii sly what f. known to
tLis Court, that the State OF New York. %, o.,
Cons tuition and laws. madeiu nursuarc" there
of. has provided most effective method
Of puns hiu- frAuuulent vuflu- Is well ~ fraud
ulent registration. II your Honor. viii 10 Il at
to be II N nee ~ the stitute Of the United
states has been d.cl red such by state Jaws
winch have not merely pronounced II q ms
donIeanOr Dut felony; and u would be ~
auumalou. aud criel tang In JUDICIAL pro
placed IN jeopardy OF liberty, and iupfisoued
bN two lndeusndent authorities igr tue same
Ntls ~ Nb'tlA it AAt 'h-F mere u lpls Ntltf
should Oe Convicted upon this Indictment.
Thus it is apparent that in ISL Mr.
SEDUCTION entertained very different
opinions from those he now Processes
VIII he explain the change? Or will lac
leave the public to make lis own explana-
tioni
The Army.