The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-01-09

election. he'd therein, whether for
State or national officers. Sill il en-
braces qualified white voters also. ami
equally protects them from being dt-
med or prevented from voting an aC-
count Of their race or color. From
these decisions of the Supreme Court
OF the United States, as / understand
them, and my own construction of the
laws relating TO the elective franchise
and the penalties for Iss violation, I
deduce the following results:
l. II either white or colored citi-
zen of this Judicial district, being
qualified elector under the laws OF the
State of Texas, has been prevented,
hindered, controlled or inundated
from exercising or in exercising the
right of suffrage 81 any election,
whether State or Federal, a. guaranteed
by the fifteenth amendment, by means
of bribery or threats of depriving such
person OF employment or occupation or
of eiectinS such person from. II rented
house, lands or other property, or hy
threats of refusing To renew leases or
contracts for labor, or 10y threats Of
| violence to himself or family, as is pro.
vidsd for by the fifth section of the act Of
May 81, 1870, (Revised Statutes 5000
and this has been done on account Of
las race o. color, the person or persons
| thus violating this provision of the
Law would be liable in This court to
indictment and it would be your duty,
upon proper evidence, to iudjct them.
,. But where either n white or col
| ord citizen was denied the right of
suffrage or prevented from exercising
it by any UNI lawful means in the cleo
ton of any state, county or ;Rtmicipal
officer (unless it was on account OF ms
race or color then it would he case
which Congress has no constitutional
power to provide for or punish.
1t would be one exclusively within the
Jurisdiction of the State Of Texas and
! ITS courts, and you would have nothing
/ to do with it. The mere fact that q
member Of Congress was voted for at
such State election would make no
difference whatever.
). While think, therefore, that the
courts of the United States have no
jurisdiction arising out OF a denial OF
prevention of the right OF suffrage by
| any qualified elector, in the election of
. State, county or mUnicipdt officer Gun
less 1t was on account OF his race and
COLOR, yet my opinion is that il such
denial or prevention of the right OF
suffrage was in respect to his voting
for a membe- Of Congress, then the
United States courts would have juris-
diction over the subject matter, with
out regard to race or color. by article
/, section 4, of the Constitution, it
was provided that "the times, places
and manner of holding elections for
Senators and Representatives shall ho
prescribed in each State by the legis-
lature thereof; but the Congress may at
any time, by law, make or alter
such regulations, except as to the
place OF choosing Senators" My Opin-
ion is that the effect of this constitu-
tional provision gives to Congress the
power to legislate generally as respects
the election of members of Congress.
They are national officers and it would
seem, by this constitutional provision,
that Congress was vested with a con-
trolling power over all subjects relating
to their election, and that where a
qualified voter in State is denied the
right to vote for member of Congress-,
or is prevented from SO Going, or any
other act, is done IN violation Of
the provisions of any act of Congress in
regard to the election of such officers,
that the United States Courts would
have jurisdiction over cases arising
Hereunder. This Congress intend
cd to do by the act of May 81, 1870.
The provisions of this act, so far as
they relate to elections for members of
Congress, are too lengthy for me to
quote to you in writing. But call
your attention particularly to sections
5511, 6514, 55l5 and $500 of the Re-
gised Statutes of the United States,
and will read to you the first and last
OF these sections, as the most impor-
tant. In my opinion these sections are
constitutional, and you have the right,
and it would be your duty, upon legal
evidence, to indict any persons who
have violated them, whether they were
white or cOlOred citizens"