Smyrna times., 1879-02-26
The Repeal Of the Election Laws

The Election laws of the United States,
which provide for the appointment of Fed
eral Supervisors of Elections and Deputy
Marshals to act at elections held under the
National Constitution, were enacted for the
purpose of protecting every citizen in his
right to vote, and of ensuring the punish
ment of offences against the purity of the
ballot-boX. In securing these most de-
sirable Objects they have proved, in numer
Gus instances, to be exceedingly effective.
1t is quite possible that the Supervisors
have sometimes exceeded the limits of
their legal authority, and that deputy
marshals have discharged their functions
with more zeal than discretion yet the fact
remains that the general effect of these
laws has been highly beneficial. This is
clearly demonstrated by the wholesome
dread with which the execution of them
has inspired repeaters, ballot-boX suffers,
and other trespassers upon the rights of
honest voters. The prospect Of trial by a
United States Court is not a cheerful one
TO these working politicians" for con.
viction and punishment, as shown in some
recent cases in Baltimore, are very apt to
follow arrest. In a word, these laws have
proved, what all laws should be, ''terror
to evil-doers," wherever it has been posi-
bic to secure an impartial jury for the trial
Of offenders.
But a strenuous effort is now being made
in Congress for the repeal of these impor-
tant laws, together with the Act known as
| the Jury law" under which Jurors may
be required in certain circumstances to
make oath that they have never taken
| part in insurrection or in resistance
to the laws of the United States. The de-.
mand for repeal is based on the alleged un-
COnstitutionality Of the Election laws; and
in the case Of Senator Bayard and other
| honest believers i'll the extreme estate
Rights theory of our government, this is
| no doubt the true basis of their action.
But it is TO be feared that in other cases
the anxiety to be rid Of the obnoxious laws
is prompted by less worthy motives. The
freedom of elections" " that is wanted is
| freedom from a restraint that has material
ly interfered with dishonest methods of
securing party success at the polls. Ex-
perience has repeatedly shown that, in
large cities especially, the local authorities
cannot, or will not, efficiently guard the
purity OF the ballot-box. An unfair cd.
vantage is thus given to unscrupulous poll
ticians which they have not been slow tC
use. Since then; the Federal laws, while
interfering with no honest voter in the eX
else Of his right, have done much to pre-
vent frauds at electiOns-which do most
seriously interfere with the rights of honest
vOterS-they should not be repealed or
any theory Of their unconstitutionality les
broad than that which regards the United
States not as a confederacy of independen
States, but as a nation.
The method by which it is proposed t.
repeal these laws is fully as Objectionable
as the repeal itself. The plan is to attacl
the repeating clause as "rder" to tn,
Legislative and Judicial Appropriation bill
with the object of forcing the Senate t.
7 pass and the President to sign it, or ALLOW
the appropriations to fail, and compel tn
calling Of an extra session of the mex
Congress. This mode of legislation is c
5 doubtful consttutionality, and is alway
; objectionable, whether it relates to thi
r subject, or that of a subsidy to Mr.. Joh
: Roach, or any other matter not strictl
=. germane to an appropriation bill. We ar
glad to see that Mr.. Bayard, while earnestl
0 in favor of the repeal of the Election law
G vehemently opposes the proposed means {
t forcing it through in an APPROPRIATION bill
o Much bad legislation has been effected i
a this way, and the sooner an end is put
/ the practice, the better will it be for I'll
G people, whose interests are seldom col
:, sidered in the passage of these objection
t able riders. IN. ]. Examiner 4, Chronicl