The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-07

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choosing Representatives In Congress. The
What Is meant by the words manner Of holding
elections? An election is not simply the depos-
ting Of ballot In q box. If the electo!r is
ferced TO vote certain ballot against his will 1t
l. not an election so far as he is concerned. and
equally so Il he is prevented by violence from
voting at al; An election Is the expression Oh
tors. There must be a choice and the express
sion OF 1t to constitute an election. Under our
American constitutions an election implles
the part Of the people who are yoterS e, ana
finally an. Independent expression on cnolce
ANY Interference with the right oI tne elector
to make up his mind how ne snali vote IL as
much an Interference with his right to vote as
II he were prevented from deposltlng ms ballot
n the ballotbox after he nae MAE 9p s n tbo
ballot Congress- has so declared without OBJ
lection or challenge Tom any
enactment? Clearly in order that the eleetor
might De free to %ete according to hts choice.
If If is within the power of Congress for such a
purpose to regulate his method OF voting Con-
gress could adopt any other measures leading
to the same result. IL ooul1 say that armed
it could say that the voters. should have the
right Of free interchange OF views, on the day
of voting. All tnlS WOuld as clearly be regu-
lating the manner of holding the elections as
prescribing that the election should be by ballot
If Congress could make such regulations for
election day 1t could make them for any pre-
vious day. In short, IN prescribing the manner
of holding elections 1t could protect the voter
In making his choice. and afterwards express
ing that choice at the polls for both these things
are included In an election.
that used In England, where the candidates
appear upon the hastings and address the
voters and the vote is taken as 1t oft Is. by a
snow OF hands, would not an act Of Parliament
while addrt ssing the voters a penal offense
by a regulation of the manner Of holding
the election With US the canvass sometimes
lasts for weeks. but that does not change the
principle Any law the purpose of which Is to
enable the voter to make free and Intelligent
chofce and to express that choice at the ballot
box, freely is a regulation Of the manner of
holding the election.
The act of Congress under consideration was
framed for that purpose in respect to elections
Tor Representatives In Congress- and 1t seems
to us is plainly warranted by section l. article l.
The first and fourth sections of article /.
taken together. 1t seems to US leave no
doubt upon the question. The first declares
that Representatives shall be elected by
the people Of the States. and adopts the ouali-
fcation of electors prescribed by the States
for ELECTORS OF the most numerous branch OF
the Legislature. The second authorizes Con-
gress to regulate the manner Of holding such
elections. The two. sections are intended to
place the election Of Representatives In the I'll. |
innate power OF Congress- 50 as to secure at all |
times House OF Representatives. first by pre- |
venting obstructive legislation by the States.
and second. securing to the voter the protection
OF the general government.
VS. both concur In the opinion that the legis- |
latton under consideration Is clearly within |
Judgment is that the demurrer to the Indictment
should be overruled