The daily gazette., 1879-01-23
Tse I.sesss 1sAss.p .A,rx~,s.

In several different forms, conflicts be-
tween States and Federal authority are
now going on In the different Southern
States. In every case the conflict arises
o 1t Of Unconstitutional federal aggressions
instituted as we believe distinctly with
view to theReputllcan campaign of 1880.
To begin with, there Is the order of the
Federal Judge Rives in Virginia, taking
from the custody of the State, two felons
convicted under States laws. That will be
brought before the Supreme Court of the
United States and the wrong redressed.
That Judge Rives exceeded his juris-
diction in that matter hardly admits of
two opinions; that he did it for political
reasons is almost as certain. In Alabama
the Legislature is considering bill to
escape Federal interference in Pres.
idential election, by selecting the electors
in theLegisture instead of by the popular
vote. In the same state there is con-
fiict of authority between the State Off
GERS of election and the Federal Supervi-
sors and United States Marshal, some
what similar to that which has just been
decided in such an alarming way in
this State by Judge Bond.
In Alabama the ballots and ballot box
es OF State election we're seized by the
United States Marshal who refuses to
surrender them to the State Court where
the are needed az evidence In a suit ac.
tualIy on trial. 1t Is a significant fact
that all these cases arse in Democratic
States and that in each case the Federal
Court, presided over by vehement
Republican partisan, IL the aggressor. It.
can hardly he doubted that it is a part of
the Republican plan for the campaign of
1880 to use an army of Deputy United
States Marshals to control the elections,
just as they used the United States troops
ia the bayonet States In 1876 These cases
OF conf1tct now In progress or just decid-
ed, Ms In this case, are the preliminary
skirmisbes to establish the positions
which are to be used with crushing eff
feet hereafter, unlet the country rouses
itself 10 protect the constituti oDal rights
Of the Statt from Radical lencrOachment
and central zation. The thing which put
stop to the use of the army by the
Radicals for election and for counting-n
purposes, was the provision in the A Army
States troops As posse cOmitdtus.
Before that provisio was passed Fed
Judge or Marshal might call upon the
army to enfOrce his decrees, even to the
overthrow of the State government and
the dispersion of It's Legislature. But
that proviso stopped this evil. The snake
was scorcbed, however, not killed. The
Marshal can still summon q posse conf
tatts, II SO 1t may be called, of Special
Deputy Marshals armed with army re
volvers, or even with muskets and bay
onets. He can do this and pay off thess
deputies out of the United States Treas
ury. thus using the money of the peopl,
to overthrow their rights and perpetuatt
the Radicals in power. Now the question
arises, cannot Congress cure this evil In
the same way in which it cured the 9th
er? The bin making appropriations fol
the Federal judiciary is stillto be passed d
Not dollar should be appropriated TO
the judicial expenses, unless with pro
vlso that would prevent the use of tn,
moneys for hiring Special Deputies TO
election purposes. Upon this point th
House OF Representatives should stan'
as firm as a rock.