National Republican. (Washington City (D.C.)) 1872-1888, 1876-07-26
DfcISlUES Of THE SUPREME COURT
AND THEIR PUNaENT BEARING

laws, but the decision of the Supreme Court in
the Kentucky and Louisiana cases had to be
closely examined, and the effect of these de-
Csions on TIE laws arrived at.
In the first place We should consider
THE OBJECT OF THE ELECTION LAW.
What did the Congress of the United States
intend when it passed the law of May 81, 1870,
called the civil rights bill The intention of
the law maker should be taken largely into
account when We endeavor to construe the
law. Evidently the Congress intended to Sc
cure to the newly enfranchsed colored men
equal privileges of citizenship. The Constitu-
tion had conferred right on these men-the
right to vote when any State conferred that
privilege on white men possessing similar
qualifications. This fact is proven by the de-
bates at the time of the passage of the act,
are part of the public records OF the country,
and should have due weight even with legal
tribunal in determining the effect OF the act
and its
KELAT!ONS TO TIE ORGANIC LAW.
After having clearly shown the intention of
Congress i'll the premises the law proceeds TO
provide for the enforcement of its intentions
in tie following manner, as shown in the Re-
vsed Statutes:
''Scc. 1855. Whenever the President has
reason 70 ltcve tha. o!ICnses have been
are likely :" h@ committed aTaius: the provi-
kiOns Of ci"pjCT seven Of the Title Crimes,
within any ;Uj:icial dis riot, it shall he lawful
for him. in his discretion, TO direct the Judge,
marshal ard di>tri,! attorney Of such district
to attend At such pace within the district,
and for such tine rs lie may designate, for the
pUrI Osc OF the more speedy arrest and trial of
persons 50 charged and il shall be the dIty OF
T1r10 ,,fl .r pf .bnu
QUESTION is received 10y him to attend a: the
places and for the times specified.
''Scc. 1881. II shall lie lawful for the Prcs-
dent Of The United states, or suCn person as
he may empower for that purpose, 20 employ
such par OF the land or naval forces of the
United States, or of the militia, as may be ne
cessary to aid in the execution of judicial pro-
cess issued under any of the preceding prOv-
sOTs, or as shall be necessary to prevent the
violation and enforce the due execution of the
provisions Of this Title
There can tie no mistake as to the intent of
this law. 1t is plain that Congress
CLOTHED THE PRESIDENT WITH POWER
to enforce its provisions, and as chapter seven
of the title crimes is expressly included, it be-
comes necessary to examine that chapter. We
find it reads as follows, in the Revised Stat
utes:
"ChGptc' vi. Title, Grimes. Crimes against
tie e'cct:re FRANCHISE and tie cirl rights Of
citizens.
''Sec. $500. ANY person who by any unlaw-
full means binders, delays, prevents or Oh
structs, or combines and cOnfederates with
others to hinder, delay, prevent or obstruct
any citizen from doing ANYTHING required to be
done TO qualify him to vote, or from voting at
any erection IN any state; territory, GisIrict,
It!' Paiiei, W" oTiiooi Iis:i;CI'
shall I,f fiGed NOT less than $500 mr. he imnris'
oned not less than one month nor more than
one year, or he punished by both such fine and
imprisonment.
Nv; any PEI sun no nlluers
mr. in eTercisin- tbe r,%t Of ~ ,-InI
that right is Guaranteed by the fifteenth amend
ment to the Constitution Of the United States
prIOeIy OF threats OF depriYiEg such person
srch .rs9, I 80, VI or OF electng
propertv, or bv tbrcnts nf -"'-o u other
To- - refusing 10 renew
violence 70 himself ~ shaw no W, VI
as rrc,ni,r0 IN The preceding section.
'Scc. sos. If two or more persons conspire
to imjurc, Cypress, threaten or intimidatc any
cltizch IN the Tree exercise OF the enjoyment OF
SnE itEmt VI 10 mn ny Tue
because of his bayipr so exercised the same
they shall be fined not more than
five thousand dollars and imprisoned not more
IMAM Ten year
secIioIs '''4I anu "'4@ pro'iue LOT lhe pun
hnhCh' Oh
FRAUDULrHT VOTING OR REGISTRATION
in elections for Representatives to Congress.
Section 5"-O provides for the punishment OF
CoHSl''@tS |" II''Sn' ne support ol any can,
u.'"'' -ie s'' i""S "s 'L's Nv" stan
upon Inc s'a'n,e "ooh ash SPeeia' A'''"-
non l" ,LcIn' nc h's' seC''Ons quo'et eni-
power inc E'7N'ei-C 10 use tue army navy AM
militia :" ,ii','Ce 'N's' ia"s, Il VIII Oe o.
eelNeu 'h"' "iiiic e.''ois '",'' ""u ''oo Apply
~ al '''t1-'"S, s'C'tUH ',''' HiiH.rs o"'9 ~
'N's7 e"'i -'SIO - 'N' H''eei'I ''iieiiu-
m G. ,.. +. contaminated, ,,o.o,,
First. an evil is expected. and then remedy
is provided. 1t was feared that certain per
sons might attempt to deprive certain other
persons, all being citizens of the United
States. of RIGHTS and PRIVILEGES guaranteed by
the Constitution. The evil expected and pro
vided ara;pst is the ATTEMPT to hinder. DELAY.
nrevent or obstruct a citizen in his lawful
rigbt to vote. the attemDt TO control or in
+ir,;doto him. tho oTort n hriho him, tho
+breo+ n don-ire him If omr1ovnont or
1ohor Of home of1ond of tho means of nro-
viding for himself and family unless he sur-
rendered his political conviction. The remedy
was to empower the President OF the United
States to use the army, navy and militia to
protect the one person
IN ALL HIS RIGHTS AND PRIVILEGES,
and IN nunisb tbn other for Violating the Iow
Tbere mood he M bair-snlitting aro,me,ts
mode on this subject have o,iyen the Law ,s
# stands in the statn+e booLs lie tbat rims
rood ond eyor a fool could un5ers.o,,d
The 1ow is NOT rnor1otorr ~, the president. in
Cot q sbo,,1d no Il 1oaro, hin, j., ,s ILL.,
o-o,io, 20 doto-r,iro ,rbotboro oon,,i,ior, or
oFairs o,fs+s in on,, irdic,o1 District of tho
limited sto+es +bot rcc,i-os +bo nso or tbo
-. '-T~ - -
army and navy, or any Part OF them, to pro-
tect the citizens or portion OF them In their