The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-06

authority Ii perfectly competent, both In re-
spect to authority and physical power, to
deal with, is something without precedent
or an example In American history. It was
coined BY the tongues Of men who are too igno-
rant to know that Congress cannot increase
| the powers conferred by the constitution,
themselves the mouthpieces Of a party whose
| more intelligent leaders are endeavoring to
Justify and legalize Federal supervision over
State election machinery. It means, in few
plain words that Federal supervisors and
Federal marshals, without civil process as
required by the constitution, can outrage
bulldoze and arrest American citizens, and
thus control them in the exercise OF their
State-given franchises, and that the man who
| resists them commits breach Of the ma
tional peace" is guilty Of qualified treason
and ID in open rebellion and declared state
Of war against the United States. The
mere statement Of such a case is all that
Is necessary to expose It's absurdity. There
| can be no breach of the peace in Louisiana
which Is not punishable under the State
| laws and matter purely Of local supervision.
Ii Federal soldier disturb the peace of the
State by an assault, or offend Its dignity by q
petty larceny, or violate city ordinance by
committing a nuisance or being "down and
drunk" is he arraigned, by virtue of his
| being In the Federal service, in court OF
| the United States BY no means he will
answer In the criminal courts OF the State OF
| before the city recorder. What Is there
| In the character Of Federal supervisor to
exempt him specially from amenablity TIC
local authority? Nothing whatever that we
can see. Such an exercise Of Federal author
ity was never dreamt Of by the founders Of
the government, and 1t Is now most danger
Gus innovation, the purpose Of which, on the
part Of Hayes, is to assume responsibility
and power always recognized as exclusive I
he local or State authority.
/ In order to Justify this assumption he
asserts that the constitution and the amend
ments confer upon Congress the absolute
right to supervise and control the exercise
Of suffrage at congressional elections, be
cause the rights Of american citizenship
are derived from the Federal constitution
This claim Is, like every other set up In this
remarkable document, an empty sophistry
and fraud. It is SO vain pretense tha
precedent and authority are unnecessary t.
upset it. but, fortunately this very question
has been specifically passed upon by the Su
preme Court of the United States and its de
eision is adverse to the position taken by
Hayes. In the case of Minor vs. Happersett
decided In October, 1874. Chief Justice Waite
rendering the opinion Of the court, said:
I The United States has no voters in the States
of its own creation. The elective officers Of thu
United States are elected directly or indfrectl,
| by State voters.
Being unanimously of the opinion that tn,
constitution of the United States does not con
| fer the right of suffrage upon any one, we of
| firm" etc.
Mr.. Hayes can hardly get behind this de
cision, unless he takes the bold position o
Grant that he does not "care d-n for a de
csion OF the Supreme Court"