The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-17
JUDGE BILLINGS CHARGE.
A LENGTHY DISCOURSE FaO THE
JUDGE ON ELECTION MATTERS.

req.fiernen ~ The Grand J,yv You have URLS
diction TO inquire into, all and every otfense
IN this district. and this district ia 90 extensive
with the State III Louisiana. You will uarticu-
larry Investigate al charges laid before You by
"a 10 tho construction Of Tho laws from him.
the facts you are the exclusive Judges.
] desire In the first place. to call your attan-
ThRt oath is IN these words: That you will
diligently inquire and true presen'ment make
Of all such matters and things as shall be given
you in charge, or as you may know Of your own
knowledge. The counsel ~ tho United states.
your fellows and your own Won will Keep secret.
You will present no man through hatred, malice
or revenge. You VIII leave mono nnnrrsnntnd.
through fear. favor, affection, reward Or hope
but you VIII present all things truly as
they come to your knowledge
Tho spirit which should control you In tho
discharge Of your duties is set forth explicitly
In that oath. You have bound yourselves IN
the most solemn manner TINT you will he fair
aud impartial. and that YOU will not ba infu-
enced by prejudice or personal or partisan
bias. This should 10 yonr constant aim.
] deem It my duty to coll your attention espe-
cially to the laws Of tho Unitai States for tho
punishment of ofenses. under tho titlas Of the
:. Elective Franchise and The OWL Rights of
Citizens"
There II one section Of these statutes, which
was section 4 In the original %statutes No they
were published IN tho siyteanih volume. which
you will disregard 60 far M relates to State
elections. inasmuch M II has been passed. upon
by the Supreme Court Of The United Stataa and
that tribunal has, SO far as II relates to State
elections, declared n to he unconstitutional. u
held. with reference to State elections, that con
gross had no power TO legisla'e except under
the fifteenth amendment TO the constitution Of
the United States: thnt the fifteenth amend.
ment only included acts whore there was nm OK
clusiou OF voters on account of race. color. or
previous condition Of serviirule. that this Sec
tiOn did not have any such limitation. and that
II included those acts which were within the
scope Of tho provision and those which were
not. md 50 far therefore,. M 1t related TO mum
~ 4 rnl M ntnn II tynn tfIil
Tho election recently held, having boon ono
not only for state officers but also for members
Of Congress, may present q class Of cases with
reference to which the authority ~ Congress In
derived from another mud indepandent pro
vision Of the constitution of the United States.
Article ! section 4. gives to Congress- power to
make or alter Tho State regulations n5 to the
time. place and manner Of holding elections for
Representatives IN Congress-. Article I, section
2 declares that parsons having, the onaliiica
tons which entitie them under tho laws of the
State to vote for the members Of the most M
ulerous branch Of tho State Legislature. shall
have the right TO- vote Tor members Of Con,
the State nf Louisiana tigG9l provide that males
OF twenty-one years of age, born or nhturali2ad
shall be qualified electors TO vote for members
ofthe most numerous branch of the State Legis-
latnre.
From this establishment of qualifications bv
tho constitution OF tho Etate and tho adoption
Of them by the constitution Of the United Statns.
snd from the power given to the Cyngress 10
IDHkF OF ilieT iHP IfEilitlhflR III IHH ftIhIb fR 10
thetimo, place md manner Of holding elections
for members Of Congress, 1t results that Congress
had authority to deal with the regulations re-
sparting the elections of members Of tho Fej-
oral House Of Representatives. md to enforce
tho right to vote thereat Independently of tho
fifteenth amendment. That is 70 cay, indepen-
IDENTITY OF any discrimination or attempt Mt dis
elimination, on the part Of tho StRt-t on account
Of race, color or previous condition Of slavery;
II rosults. also, that every person within the
State Of Louisiana having such qualifications,
and not coming within the exceptions named,
was, by right. derived from tho constitution Of
the United States, entitled upon the perform
anca Of the legal prerequisites to vote ut the re-
cont election for members Of Congress-, And If
State. or Of the United Statea, having my duty
to perform In relation 10 such election. or In
regard TO the regtstt alton OF voters thereat, has,
by any unlawful means. prevented any such
voter from being registered. or from exercising
Tense against tho elective franchise OF tho citi-
yan, and is amenable to tho laws Of the United
Stat~d,
The laws made to enforce this right were do
aigned to protect tho privilege Of the voter
through nil The stages Of tho registration and
election until the ascertainment nf the final re-
suit. The right TO vote not only Includes the
right TO deposit the vote i'm the ballot box. but
to havo that yots counted and finally and effec-
tively canvassed and certified. This relates to
elections for members Of Congress-,
with reference to Tho election nf State officers
the acts of Congress based upon tho fifteenth
amendment TO the Federal constitution prohibit
and mako criminal any discrimination hy the
officer. or any other perRona, who can hN said In
any sonae to be- expressly or implicitly author
lied Ivy u State, whereby any person IL excluded
from voting on account OF race, color or previ-
Gus condition Of slavery.
Excepting M relates to members Of Congress-
there IL no provision Of tho constitution Of tho
United States, nor any Law Ct Congre4s. which
confera tho right to vote or defines the 1uAIih-
cations Of votera, and In the excepted case the
qualification and the right are fixed only by
reference to tho qualification nnd tho right ms
determined by tho State.
Over tho whrla subject tho State has full au-
thority exsNpt in tho ono particular. that IT con
makeSno dti elimination on account OF race.
80 fnr as relates to the election Of State OFF,
GERS. therefore, II Is only this race. or clues dis-
elimination, 10 which your attention can be
directed. or upon which indictments can be-
laid. Against discrimination in the matter Of
voting. ne in tho right OF voting, tho citizens
are. under tho statutes, protected throughout.
That il to say. from tho first thing required by
law TO be done as a prerequisite down to and
including the last certilcation Of the votes cast.
While tho laws have thus Rednlously guarded
the full and perfect exercise of tho right to vote.
they have not been less careful In providing Tor
tho punishment OF those who Wrongfnlly exer-
else or oven attempt to exercise that right. II
Furnishes those who by reason Of age. residence
Or want of any Of the qualifications required by
Tho constitution, or who In n manner aud Mt a
place different from that prescribed by the state
law, shall vote or attcmpt % DO 90.
There Is scarcely n conceivable wrong rela-
tive to the ~electivo franchise which has not boen
foreseen and provided for by the statutes to
which your attention mas bRen cAlien.
You. therefore. see that there ara two offonses
ngaipat voters under the title If elective fran
chiso-ons for Interfering In Anv way with any
voter In the matter Of voting. This is confined
to elections for member Of Congress-. and np-
plies alike TO all persons who under the laws OF
Louisiana are entitled to V te for the members
Of the lower house Ut the Stnte Legislature, and
the ofrense may be cOmplete. though there was
no discrimination on account Of race. color, etc.
The other class Of cnsPa Ia for interfering In
the matter of voting by way IF discriminating
an account nf Tnpn color ar nInyinIR condition
~ servitnde, and includes discrimination other
Mt q Federal election or nj a State election.
The right of the citizens o. the United States,
the protection Of which ii has thus solemnly
committed To is courts. Is. as you see. most es-
sential and sacred, for the right to vote freely
without control from violence or fear Of 1t must
be exercised by all citizens. even the hunhlest,
or the right of voting and oil the great personal
rights which rest upon II would be swept away.
While, therefore,. on the one hand you should
not be influenced by any other motive than a
determination impartially to aid In enforcing
the law. on the other hand it Is yourduty ofiud
bills without hesitation or favor against all who
are shown 10 have committed any offanse, no
matter how high may be the position Of the OF
fenders.