The daily gazette., 1879-03-22
MARCH eR 1870.
THE FEDuRAL ELECTION LAWS

either Of the political parties. The sub
ject of their repeal is said to have been
discussed in the Cabinet Of President
Hayes, and that Mr.. Evarts, the Secreta-
ry Of State, expressed bimself as being
decidedly opposed to the arrest Of citizens
by the Deputy Marshals. He held that
no man should be arrested and imprs-
oned on the mere suspicion that he will
violate the law by voting illegally; and
further, that it was contrary to the con-
stitution to make arrests without due
process of law. 1t is said that President
Hayes bimself has not hesitated to ad-
NIT that the power conferred upon Depu-
ty Marshals at the elections, if within the
bounds of constitutional law, Is neither
well warded or properly restricted. He
is also said to have intiu ated that he
would not object to . modification of the
election laws by which the test oaths for
juries and the power of Marsbals to at
tend elections and make arrests shall beIe-
pealed, and only limited number OF
Supervisors allowed at the polls. This
is admitting great deal, and shows that
Mr.. Hayes has given the question much
consderation--that he sees that these
laws are provocative Of mischief among
the people, and that the people are de
cided!y averse to their execution. They are
aimed directly at the personal rights Of
the citizen and are almost eer ain to
bring the officers OF the states and na-
tionAl governments into collision.
II is to be hoped that Mr.. Hayes and
MIR. Evarts, having gone so far as TO ad-
init that the law author zing interference
at the polls by L. 5. Ma,shais was of
such doubtful character. and to agree
to the proposition also that the use of
troops al elections should be discontin-
ued, will, upon more mature reflection,
consent to the repeal of the whole budget
of the Federal Election laws that the
Democrats have objected to and let them
all be sent to the tomb of the Capulets
together as being engrafted upon the
government in time of war and not be-
fitting time of peace.
Undoubtedly the government of the
country was conducted with more safety
and with less risk and more economy be-
fore the war than it has been under the
Federal Election laws. Why not 70
back TO the good old system that existed
anterior to 1850, leaving the States to
provide all necessary restraints In re-
ference to these laws the World un-
doubtedly looks the danger square in the
lace and makes some suggestions thai
ought to be potential, whether they prove
SO or not. 1t says
"Out of all this hubbub over the extra
session and its objects thoughtful people
may learn the vital Importance to our
national crest and quiet" of combining
Congress more and more closely to sucl
Legislation as is needed for the conduct
OF our foreign relations aud of our com
nercial affairs. The idea of State rights
and home rule as expounded by Jefier
son and illustrated in his Administra
tion will grow in favor more aud more
the more it is contemplated and thought
over. The war Of the Observation-Disclosures
the pardon of Mr.. Blaine and Mr.. Jefier-
son Davis-is an old story. The perils
OF the future are taking on thems elves
the shape OF antagonisms, not bet cen til,
South and the North o. the States i,
which slavery wore out and the State
in which slavery was abolished, but be
tween the East and the Northwest, be
tween the Atlantic coast and the Pacif
coast, between the elder aud the youn
ger civilizations of our New World. Far
seeing people considering these thing
must inevitably come TO feel that nothip,
but the maximum of State liberty under
the Constitution with the minimum O
Federal nagging and Fe deral interfer
ence will ever enable us to cover tbi
northern continent with confederate,
states clasped in an indissoluble Union
But while alike upon principle and il
theory, as matter of right and as
matter of expediency, we deny that Con
gress Can or ought to take charge of th
choice to be made by the peop.e of Ne,
York of The persons who are to repr,
sent them in Congress, and certify thu
choice, we are willing to admit that
mere Federal watching of the election
Of members OF Congress need not harm ,
do injustice in any direction. The pow e
however, which is now given to supe
yisors to arrest without warrant and
view If no deputy marshal be pres Ell
(section 2,O22) does and must work bot
harm and injustice. 1t cannot be toler,
led any more than such power in del
uty marshals. OF what avail will it be I
keep the regular army away from til
polls only to admit IL 900 irregular poIit
cal Bashi-Bazouks in the guise of deput
marshalsp To observation, watching q
supervision merely in order to collect
and authenticate evidence Of fraud n