The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-02
THE CASE OF THE NATCHITOCHES
PRISONERS.
MO II.

THE CASE OF THE NATCHITOCHES
PRISONERS.
NO. II.
In my last, proved by the constitution
(artice 4, section q; article Q, section ~. that
what are commonly called Federal are State
elections the Representatives, Senators. and
Presidential Electors being. all alike, officials
Of The Slate, elected by her, commissioned by
her, and holding her broad seal Us sole proof
and Authorization OF their credentials:
moreover, proved that che uses the same
mind and instruments In choosing her Federal
functlouaries that she uses In the choice OF
her domestic political servants, and that she
has the absolute ownership and control OF the
aforesaid mind and suffrages. 1t follows that
the Federal Legislature can pass no law. and
the Federal courts hold no jurisdiction, as to
elections and SURFACES, except on the special
and narrow and deegative basis OF the power
to make and alter the State regulations as
to the "tlme, place and manner OF holding cleo
tions for Senators and Representatives" which
the States have agreed on, and which Judge
Billings enormously exaggerates In his recent
charge TO the grand jury, as | shall now at
tempt to show.
He sets out by calling the attention Of the
grand jury to the Federal lars under the
titles OF elective franchise" and the ''civil
rights of citizens" "for the punishment OF
offenses" within States
From article 1, section 4; article 1, section
| O. and articles &c and 90 OF the constitution OF
Louisiana he concludes that Congress has
| power ito deal with the regulations respecting
| the elections OF Federal representatives and
''to enforce the right Of voting thereat:"
Every person within the State OF Louisl-
ana," continues he, "having such gualiflca-
tons Tor voting, was, by right derived from
The constitution Of The United Stales entitled to
vote at the recent election for members Of
Congress. And II any person or persons or
any officer of the State or of the United States
= has by any unlawful means prevented
any such yOter from being registered, or from
exercising his right 10 vote, he has been guilty
| of an offense against the elective franchise of
the citizen, ard Is dmenaote 10 The lars Of the
| United States
Pretermitting for while the exposure OF
| the absurdity OF this contention, and its entire
inconsistency with even Federal jurispru-
dence, let us analyze the clause of the consti-
tuition that 1t Ii proiessed1y based on, viz
article No. /, section 4, which gives Congress
the power ito make and alter" the "regula-
tions" prescribed" by the State ''as to the
TIMES, PLACES and MANNER OF holding cleo
the Judge says. Congress has authority to
deal with the regulations OF the State" as to
these matters. But the Judge Is greatly In
error as to how far. Let us see.
l. AS to "time" Congress can fix the day
for the election, making II, for example, the
same In all the States, as 1t has done; and on
a different day from the State elections, as
would be judicious.
2. As to place" Congress can fix other
places than those the State establishes, but
ouly for Representatives to Congress. 1t
should, perhaps, use its power to limited
extent.
8. As to manner" This must be the word
relied on as the open sesame" that let's In
the Federal power alleged or claimed In this
case.
Manner Is mode or method-of what
Why, rs to this matter OF holding an election.
! Manner" does not touch the right of the
t. endow voters; the voters right OF suffrage;
the law providing for the election; the law
establishing the polls; the officials to hold
the election; and all the police power to keep
peace and order, and the power to protect,
indicate, or punish citizens and officials
under the criminal law. All these powers be-
long to the State, have always been exercised
by her, and have never been delegated.
1t Is obvious, then, that manner touches
nothing essential, and that the power Is only
to regulate the manner of using pre- existent
rights. g.. to make rules OF action. Let us
illustrate the distinction. When the old man
came down from Jupiter to get the country
mans cart out OF the mud, his manner" was
to shoulder 1t out and that was the extent OF
his Jurisdiction He got no title to cart, oxen
or countryman
And Congress, in passing these very laws
should have reflected that it's rules affect its
manner" and In no sense its right OF proceed
ing.
And when my negro asks me ho,c to Guilt
vote the crop, and give him discretion as tc
manner" even he never supposes he thereby
owns crop, land, or team. Nor does he claim
any right to boss me!
Again, the rules or regulations Of Judge
BilIings's court, covering the manner OF
method OF doing business, does not touch his
status as a Judge; his right to hear and de
termine; or any officer or sutton of his court
, Such rules could be adopted and discarded
every day. without even lightly affecting tht
: essentials OF the court. The pamphlet full
, OF regulations of our Supreme Court can b,
/ abrogated, leaving the court intact They
! are mere rules Of procedure.
! Perhaps more opposite illustration would
be for Judge Billings to send an agent will
' administrative powers, to regulate the affairs
! of his plantation, and afterward find sale
! agent controlling and disposing of his rights
! as owner; or for him to put his servant il
/ charge OF his fine horse to care for and train
and afterward find said servant acting al
owner, letting the horse for hire, and final,
! selling him.
. Numberless illustrations could be given
exhibiting the distinction; and showing th,
1 law OF Congress, and the jurisdiction Of tn
court In these cases, to be absolutely base
less. It is the manner" or way of doing
aud not the fright" to do, that is in question
e Shall voting be viva coce or by ballot2 Shal
representative s be voted for in separat
: box? Shall white and black beans or iyor
| balls be used? Shall the voters names an
L signatures be taken to authenticate and pre
: serve their votes, and guard against fraud
These, and score OF other suggestive cues
g tons could be put, showing the meaning an
y intent of giving Congress jurisdiction owe
% manner" 1t is prepOsteruus to suppos
that Federal police power comes in to affrC
e a voter whose vote for any Federal official
e on the same ticket with his State votes, espf
q cially as the elections OF members OF Cor
gress and presidential electors are State ele1
= lions, the electors being citizens of the Stat
, and officials OF the state, elected by tn
9 State, to do her State duties Sin the FEEDER,
!t government of these States"-to use ii
o unanimous phrase of Washington and ii
Is convention Of 1857.
e In this matter there is no escape for Co,
% gress and the Federal courts but to bar
ID square out. They cannot lind refuge In TT +
question as to whether inherent and origin