The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-24

spracT Decau g OF any hht ne mAJ AneaJ hhNe
Tne peace Of tho United states. therefore, Wilton you
press precedes wei es follows suco elections. and
SspS so nI "ny perso WSo oy iefee Violates
those rlths, ore,n that peace. ana renders It your
or M tn1es,ea n , 9',E o. me ressrsoa s or
election may be asceriained aud take Cd CT. aud that
oenders may be brought before tue cour's Tor punish
ment.
Now whom we consider that II was only list
March thai the Supreme Court, after the most
deliberate cOusidera ion, decided that the
United States do not aud cannot secure voters
az inst Whatever IN zen, raj hinders ana prevents
them from free exercise Of the right OTIS T.
frage :" that tins general protection of the voter
belongs entirely to the State jufisdictipn and
authority; and that the only thing That the
United Statescan do Is to prevent any discrimi-
n alton against voters on account OF their race
or color. we arc driven to one Of two cUnclu-
sions-either that the Attorney General did not
he has puruOsely tnisrepresentcd them. when he
tells tho Marshals that he mas founded his in-
structtOns uuOn the laws as Affected 10y the de-
cisious, and tbdt the deci Ions do not affect
Fcd4rdl elrctiohsl The decisions 81 the Court
rotated not to the ofices to be voted for. tut tn
tue right of voting; and they SHARPLY ami clearly
separated tho power OF the United States to pro-
tect that tight from the power Of toe states, as
Ing discrmIna atoms on account Of race
or color. and to the later the duty
other particulars. There consequently Il
and can tie no suv thing "a "the peace OF tue
United st ,tes' In protecting voters, which the
traordinaty preparations and military power.
Inere IL peace OF each state. IN the matter OF
serve hut tue United States can We nothing
to do with that peace, until ana unless the Gov.
oficIaliy certified to tie President that they
cannot preserve their own peace.
Even for the discourage Of the only duty to-
ward voters wnicn tho United states can
ever undertake to perfOrm-protectiOn against
discrimination ON account Of race or
gress, has told the Executive. has told
the whole country that the Unitei States have
as yet no legislation appropriate to that end.
Yet the Attorney -Cenerdl aUpeuds to his circu-
Lar, for tue guidance OF the Marshals, the very
provisions OF law whic tue Court has said are
unconstitutional aud vOldl lhey are printed
on the 4 page OF the circul {, and the Mar
shals ere instructed t. enforce them at the
point OF the biyonetl Now, mark wh Il the
Mafshhls are instruc ed TO do. and the times aud
places At whicl tley are 10 do 1t. Iney are TO
ct at state elections for even II no Officers nut
memO ers OF congress ana fiesiueutlal electors
are to Ue chosen, tue elections are heid under
state authority. under state law, Tor tue exef-
else Of iight Ot sunra-e derived exclusively
from the ate. IL state Officers to be
CHOSEN. they aye TO tie CHOSEN 1t tue same times
anu places. aud by the same voters Inc Mac
shals and he other Federal officers are to act ON
toe state rtgistrer. II tn re tie any ana bOth IN
/ the matter OF Young and Of regis ration they
are instructed To secure voters against what
ever In general binders or prevents them from a
tree exercise u the elective irdnchise," whether
before vote As been given or after II has oeen
gwen. 10 do TINS, they are authorized to nave
present any force that tuey may dee neCessaa y,
say tuat this - "a bold ana unlawful attempt
| TO grirp tue machinery OF state elections say
that 1t Is not To Do attributed. rs necessary
| peril, to the concurrence OF tho Federal and
STATE elections at the same times aud places !;
because 1t goes. by clear and papaole usurp =
ton, to toe oulng VI that wuiCa the FEDERAL
| Government has no authority 10 do at ani cleo
! ton. 1t assumes aud usurps power To do tn at
| winch I; belongs exclusively to the state au-
thorlties to do, nanev. to exert gener Il aud
! universal supetntendencs over the exercise Of
the elective frtncnise for, according IL the cir
/ al ma M 40 lad la Kan
from tue polls at tue pressure ana discretion Of
FEDERAL Marshal, on the dong OF an,tntug
which he or NJ, deputy may reg ri as an OBJ
strucion of Others IN the exercise of their riInt
| ofsunrags. aus H. Junction when none but
| Sta.s officer OF magistrate can perform at any
election. All that the United States can do, at
any time OF at any election. h ~ punish or pre-
vent acts ~hic0 prevent or oostruct any voter
| because OF his =. &c or col {, wneD they have
any law under which they can do ". II IL im-
possible 70 CONCEIVE Of any motive for such q
| plain usurp. ton OF power At time when they
have no for the exercise OF their ~ prOpriate
function, excepting tue purpose to take advan-
tage of toe excitement anu collision VI feelings
that prevail la the South, and the apathy with
| winch II Is expected such an interference Will
| be regarded here In tbs North, to arm the Fed
| eral officers In the states into which this circu-
Z has been sent, WITH practical power over tue
elections.
II the object was simply and honestly to
| DO 10 secure the eedOm OF the elections,
why are not the siarshals instructed according
! = The tru4hf why are they not told tn at tue
United States have as yet No law that N author
! lzs tnen 10 protect the negroes specially IN the
exercise OF their right Of NOlingI Why ars they
not tIid that Us the law 81 inds to-day, the pro-
| lection OF negro voters negroes belongs on
tirely 10 the state authorities, a. does the pro-
te ton OF all voters against Whatever interiors
~ genera vi tn the free exercise uf the elective
| fr'uchiser MhN are not tue state authorities
| encouraged to exert all tueir powers IA Tue pro.
| lection 81 all their voters. 80 tnat there may be
a Lair ex.ression OF tie poDul II wiil CndOubL-
edly, the truth Is not IrOcl lined from Wasuilg-
| ton, out That wuich Is nj tue trutn Is pro-
! CLAIMED, becius. II Is believed That NOrtnern
! preJu.ice and sectional hate will tuler te any
usui patton II the Suuth. simultaneously with
ths SUNG ~ tails circular we have an agitation
! all over ih- NOItn TO rchindle the nres u Sec
! tlVna DasslOn. As lUng ~ We uere are prtc
cally untouched ~ our rIgnt>. II II .uI sed that
! We su.ll view with inI ference WI 1 Happens to
IT lies tnaI are 80 lar ffum us. Ii wa, not so.
| my cOuDtrymen, with our theirs. Ibey
! suufrei tyranny and usurpatipn when II was
ohy ia tue breeze; theS made war upon pre-
! am Nlcs; and they were AZ u iick IN their sNmpa-
tine, for Their Remote bret lfeu Hs the, were for
| themselves. But We, their desceudtnt--l had
! almost sa.id tIeir degenerate descrndanls- re-
| We 50 bllnded nv our sectional preJudiccs and
hates ANA by our ext eme G re for race that no
/ Longer needs our interference. int We eau
all W usufpatlon 10 teal upon rs ublilli threat
! Gus tue overthrow OF all the distinc ions wuicn
sep rate tue Federal tnd mo stare powers. de-
lies tue Gee ecs OF the supreme Court, anu prOs-
! trdtes our bcd,ted free and universal sIurage
beneath the teet OF mlitHv powerf
Invre - Dut ons other thing in this circular
/ which | desire - nptic-. Inc Mirsnals are M
/ struc ed that IN preventing aud quel lng Gis-
aDd etch OF their depuIe-, general and special,
nave a right to use mili AIRY forces u AL kinds,
a. part ~ the posse cOnitIttts. Order,, signed
! Dy comiAand vi Tue General OF the Army. d.
! rectlug the troops to act under the Ma ais In
CARVING OIt the circular OF the AttOrnry-Oi sne-
ri, nave gone form. Now, Marsnals are author
~ Il 10y law u the United states to make ar ests
! at the uOlls. without process, OF any person VINO
commits In thelr presence any offence AGAINST
any liw Of the United states anu among tue
offences Nnicn TINS ciTcuiH Instruots tue NJ A.
snals that ley can :" Ieli" oy tue use Of mill
tafY power, re offences when are maze offences
against the United States ny laws Wnlcu me SUI
prelue Z uTt have pronounced vOiI That Tor
the execution OF "A resisted process military
force eau be used, n necessary. as pdrt Of the
! posse cJHiLitts,nO iwyeTd uOts. But IL Is "A new
/ doctrine mat tie United States Mirshas can
| u-e military power to m ke arrests, without
process, f'r offences which the United States
/ have no law TO puatsh or prevent, and whicu, IL
! they do amount - "uisOrder." the AiarsnAls
| have n , lawful power to "queil"
| suppose any Of these offences against
! the rigbt OF another TO Vlle - commits
| ted In the presence OF Marshal, AID ne
undertakes To arrest the offender, with
Out .rOCeSs. A disturOan e arises; the arrest 5
resisted. Is the NJ Ishll to order the troops
! 10 nre on tie peOpleI L. no to shoot
down the supposed offender who Will nos sub
init to an unlawful arrest2 Is he 10 XII the man
! II no tries 10 escapef Death Inflicted under
! such circumstances would Ue murder; ana no
ere LlaT tn Al ever WIS penned bY any Attorney.
! General that ever live could Afford the least
! protection To the man who had thus caused the
] nf her W lar