The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-10-02
The administration Threatening
Interference with Elections.

met showing that the Administration
Is using its utmost endesvors to reopen
the Southern question and again turn
loose the fnries of sectional strife and
prescription. The dulIest perception will
discover this motive by reading the
evidence We have furnished and will
also discover that it is the intention Of
the Administration, representing the
Republican party, to put in force the
vindictive policy Of military interference
in the affairs of the Southern States
There is one passage in the speech Of
the Secretary of War which is especially
significant
''The right of Congress- he declared,
''to provide for fair election Of Federal
officers, and for the due enforcement Of
those provisions of the Constitution
which guarantee the right of suffrage
and civil rights to the freedman are
beyond dispute"
1t is under cover Of the Infamous law
here referred to that the military inter
ference in the elections of the Southern
States is threatened. That odious mea-
sure was passed in March, 1870, and it is
a shame that it still disgraces our statute
book. One of the first acts of the
Democratic party when it obtains power
will be to repeal it; but in the mean
time it should be rendered nugatory by
refusal of Congress to vote appropria-
tons for its execution.
The law is plainly violative of the
Constitution of the United States. The
power to control elections is not conferred
VI on Congress, nor is it necessary to the
execution Of any Of the delegated powers
1t is usurpation for partisan purposes.
The Constitution, in the second section,
article FIRST, declares that the States shall
fix the qualification Of electors for mem
bers Of Congress. If the system Of
Federal control of elections is to become
permanent rule Of the government,
the State governments will be virtually
wiped out of existence. With the army,
navy and treasury of the Federal Gov
eminent at their command, local self
government for the people Of the States
will become thing of the past and a
hollow pretence without real existence
The fifteenth amendment which it is
assumed this law was designed to execute,
does not confer the right of
suffrage upon any class of persons. 1t
only prohibits denial of suffrage ION ac-
count of COLOR" but leaves to the States
the power to determine the qualifications
of voters. Thus, no one has ever called
in question the right of Massachusetts to
require property and educational quail
fcation, nor of Pennsylvania to require
the payment of poll tax as a pre-requi
site of suffrage.
The enforcement law is especially obi
Gus in its provision to authorize the ar
bitrary arrest of persons by the military
power of the United States upon the
mere suspicion by its officials of an inten-
ton to violate the law. 1t does not pun
ish for a violation of law-but arrests and
deals with the supposed offender upon
belief that violation is contemplated
and for this purpose, the army of the
United States is placed at the disposal
and subject to the order, of Marshals ap
pointed by the President. AT the last
general election the Attorney General of
the United States, in a circular to these
officers stated that deputies to discharge
this class of duties may be appointed to
any number, according to the discretion
of the marshals in all states where sher
ifs have the power to appoint deputies
and to enforce this right the marshals
were further told in this letter of instruc
ton that they and each Of their deputies
have the right to summon to their assist
ance every person in the district above
the age of 10 years, and including the
military of all denominations, militia,
soldiers or marines, all of which are
alike bound to obey you. The fact that
they are organized as military bodies,
whether of State or of the United
States, under the immediate command of
their own officers, does not in anywise
affect their legal character-they are still
the posse comttatus.'
The act of Congress defines the powers
Of these Deputy Marshals to be 'to keep
the peace, and support and protect the
of elections in the discharge
Of their duties, preserve order at the
places of registration and at the polls,
prevent fraudulent registration and
fraudulent voting thereat, or fraudulent
conduct on the part Of any officer OF
election, and Immediately, either at said
place of registration or polling place, or
elsewhere, and either before or after reg
stering or voting, to arrest and take into
custody, with or without process, any
person who shall commit or attempt, or
offer to commit any of the acts or offences
prohibited by the act, or who shall com
nit any offence against the laws of the
United States"
Those are extraordinary powers.
They authorize the officials upon whom
hey are generally ENTHUSIASTICALLY
nenchmen of the Administration-tod de-
tide who are to vote-yhat constitutes a
of law--aDd places the entire
of the country, even State as
we'll as Federal, at their disposal for the
execution of the unconstitutional meas
Ire. If it is one thing more than any