The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-12
The Questions at Issue.


between the law making power Of Congress
and the Fraudulent President.
Under the title OF 1.-The Elective Fran
chise" there are no less than thirty long
sections in the Revised Statutes Of the
United States, beginning with Feb. p 1865,
prescribing the conditions upon which milf
tary officers should exercise authority at the
polls, extending through the period Of re-
construction, with devices to capture and
hold the Southern States, and winding up
with the inventions Of Mr.. JOHN l. DAvES-
PORT and his associates. in 1871 and 1879, for
gaining control Of the Northern cities.
Supervisors were first authorized by the
net Of Feb. -, 1871, subsequently amended
by the act OF June 10, 1872. The law pro-
vides that whenever two citizens " any city
or town of upward of twenty thousand In
habitants, or whenever ten citizens Of any
county or parish in n Congressional district,
prior to the registration Of voters or prior
10 any election Of Representative or Dele
gate In Congress, shall make known in writ
ing to the Judge OF the United States Circuit
Court their desire to have such registration
or election guarded and scrutinized, the
Judge within not less than ten days prior TO
the registration. II there bc one, or prior to
the election, shall proceed to appoint and
commission two citizens for each election
district or voting precinct in the Congress
sional district, who shall be known and
designated as supervisors OF election and
shall be Of different political parties. They
IRE allowed five dollars a day for their pay.
The duties of these supervisors are fully
described and although their presence. at
the polls Is recent intrusion upon the
States, and part Of that centraizing sys-
tenn which the Republicans made the pivot
of their policy, no objection would be raised
against them If the law was fairly admins
tered and not converted into mere parti-
san machine, by which, under prctencc Of
preserving the purity Of elections the
grosscst abuses have been perpetratcd,
while the Treasury has furnished n corrup-
ton fund, and the supervisors and the
deputy marshals who serve under them
have been converted into active and I'M
scrupuous party agents. Next come the
marshals:
"src 2o2l whenever an election at which Repre-.
scntauves Delegates In Congress to be chosen Is
held any city town OF twenty thousand inhabitants
upward the marshal tor the district in which the city
or situated shall the Application. in writing,
least two citizens residing In such city ap
point special deputy mArshalr, whose duty SHAH be,
when required thereto to aid and assist the supervisors
Of election"
No limit is fixed TO the number Of deputy
marshals, who may be appointed on the ap-
plcation Of any two politicians, and who re-
ceive five dollars a day from the public
treasury, while employed as electioneerers.
Then follows section 2.022. as follows:
The marshal and he 0opsrl iJaiio and such special
.H..NfN
the Of election in the discharge Of their du
ties
Here is authority for the marshal, in adj
dition to the unlimited power given by Sec
ton 2,O2l for the appointment OF special
deputies" to use "his general deputies, "
and their number is not restrained in any
way beyond his discretion. They are paid
out OF the regular judiciary fund, and are
wholly independent OF the provision 10 DO
made for special deputies. So that the mar
shall is doubly armed and can name as many
thousands of general and special deputies
as Congress will stand. The marshal OF
North Carolina, In the exercise Of this per-
Bonal discretion, and TO prepare the way for
carrying the State for GRANTS second term,
expended nearly third OF a million Of dol
lars in a single year, He was shining ex-
ample, and has found many imitators from
that day 10 this.
Having thus provided the men and the
means for carrying elections the next step
was to shield them against harm, for any
Dutrages they might perpetrate, in such
cases as were witnessed in this city last
TALL, and in mutitudes Of others elsewhere
Here Is the section which authorizes these
well paid partlsans TO arrest whomsoever
they please:
SIC 5.522 Every person, whether with or with
out any authority power or process or pretended au
thority power process Of any state, Territory, OF
municipality, who obstructs, binders, assaults or by
bribery, solicitation or otherwise nterieTes with or pre-
vents the supervisors OF election or either Of them in
the performance any duty required Of them either
Of them, which he or they, either Of them may be
authorized 10 perform by law Of the United satss
In the execution OF process Otherwise who by any
Of the before mentioned, binders prevents tho
ee attendance ami presence at such places regstrs
ton at such polls Of election fun and free
and csrcss and from any such place Of REGISTRATION
poll Of election or IN going to and from any such place
registration poll Of election, or 70 and from any room
where any such registration or election or canvass o
votes or Of making any returns or certificates thereof
may be had, or who molests interfercs with, removes
elects from any such place OF registration or poll
election OF canvassng cast thereat Of making
returns certificates thereof any supervisor Of election
Of them; who threatens or attempts or offers so Il
do refuses negects to aud and assist any supervise
OF election, the marshal or his general or specia
deputies either Of them, In the performance of his 0
their duties, when required by him or them either
them to give such ali and assistance shall be liable
h,,ta rIhoA p,0o,'s and shall be punished by I'm
prisonment than two years or by hne Of no
than three thousand dollars or by both such nm
and imprisonment and shall pay the cost Of the prose
euu0n.n
This enormous power over the liberty o
the citizen is thus placed in the hands 0
hired partlsans, generally of the loves
lass. and in the Southern States Of *
norant or vindictlve negroes, all ready t
make charges and to support each othe
with reckless testimony in court. The Con
stitution expressly declares in the fifth ar
ticle, mo person shall be deprived Of life
liberty or property without due process OF
law" Yet this section above cited author
lies tho supervisor marshal, or his genera
or special deputy, without complaint Of an!
kind and upon his own notion 10 make