The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1879-09-27
NUMBER "a.

lows: ga Sal ~ 1891 $4E VI
"SEc, 4. The times places and manner OF
holding elections for senators and Representa-
tives shall be prescribed in each State by the
Legislature thereof, but the Congress may at
any time by law make or alter such regulations.
except rs to the placeso OF choosing Senator'S"
Now here is the constitution Of OHIO II pro
vides that y every white male citizen of tho
United States OF tho age OF q years who shall
have been'a resident OF the State one year next
preceding the election, and of the county, town.
ship or ward 10 which he resides such time as
may be provided by law, shall have the qualiii-
cations Of an eleotor and be entitled to vote at
all elections" fstt aNt ff
Here is the Election law OF the State provid-
ing for the election OF members OF Congress
and other officers. Ii provides how long per-
ron must BIO resident of the county, town
ship and ward prior to the election TO have the
right to vote itproyides how persons may gain
or lose residence, and what facts shall deter
mine residence; II provides for dividing the
State into election districts, for furnishing bal
lot-boxes, fixing places OF election, selecting
judges from residents OF the election precincts,
aud providing the whole manner OF conducting
the elections, and of making returns and pro-.
claiming results. All the officers go authorized
TO conduct elections are State officers. They
derive their authority under and are sworn to
obey the State constitution and law No ono
disputes tho authority OF the State TO conduct
these elections, or denies that this whole election
Us
State officers, is valid and In full force and
operation.
But the Republican party, by its Federal
Election law, has provided that two Federal
Supervisors may be appointed at each ono OF
those election precincts, with power to inspect
the ballots OF electors and determine what
votes shall be received and what votes rejected:
and II any State election officer refuses to sub
init his Judgment 10 that of tho Federal SUI
peryisors, the Supervisors may seize such
election officer and drag him from the ballot
box to Federal prison, TO DO indicted and
tried for the felony OF disobedience to these
Federal interlopere. Ii a mans vote DO shal-
lenged, and tho State judges, in disobedience
to the State law, determine, on tho facts pre-
sented, that no is entitled to vote, tho Fcd-
eral Supervisor may seize the elector before
his ballot is put in and drag him off to Fed
eral prison, although the power to define quail
itcations OF electors and, consequently, 70
provide for method In which right to vote
may be determined, is, by the constitution OF
the United States, expressly reserved to the
States, absolutely and unoo nationally.
Now, believe there Is not lawyer of fair
standing in Ohio who will risk his reputation
on an opinion that the Federal Government has
any power to thus prevent an elector from vot-
Ing, or TO IN any manner supervise, control or
direct, or NEEDLE with the State election ofcars
while conducting o Congressional election nm
der this State law. Such interference Is organ
iz,d anarchy. No officer of a State Goyorn-l
mont can lawfully DO directed or controlled by
q Federal officer in the performance OF his
duties under valid state laws, for each Govern
ment IL supreme in it's sphere ~ defined by
the constitution OF the United States This
Federal Election law is, therefore, utterly and
obviously Unconstitutional s
Mr.. Sherman makes q faint attempt to justify
the Republican party IN enacting this law by
claiming that there were $4,000 illegal votes
cast In the city OF New York In 1868: but he
does not pretend that experience has proved
the law To have been wiso one, for he knows
that wherever its power has been invoked the
Deputies employed and paid out of the public
treasury have been largely poor Democrats,
bribed 10 desert their party for S5 day, and
still more largely the most dspicable scoun-
drels that could be raked from the bells Of the
big cities. The law has demonstrated itself
everywhere TO be the basest and corruptest in
strument OF craftsmanship ever seized upon to
stay tho downfall OF party in power.
Dodging the question OF the constitutionality
and expediency OF the law, Mr.. Sherman ar
raigns Con. Rice and myself for having re-
fused appropriations OF money to hire these
spies and Marshals to intermeddle with State
elections. lie says the withholding OF public
money for this purpose is = more dangerous
opposition than the attempted nulliacation Of
the Tariff laws by South Carolina, put down by
Gen. jackson, or even the attempted secesnion
put down by civil war. BY this doctrine nulii-
fication and secession are made easy by the re-
fusal OF majority Of either house to obey the
law" He seems particularly sorry to find
Gen. Rice and myself, after our Honorable
record during the war" in this terrible attitude
Of notification ana rebellion. 4 II they were
right during the war, they are wrong now. /
have no disposition TO arraign them, but
!. prefer. to follow. the old Republican
flag that was hoisted in 1852 Stop there.
Mr.. shermanl want, in the midst Of
your patriotic peroration, to call your
attention to tho fact that In following
the Republican flag in 1856 you, yourself, Of
fered an amendment TO the Army Appropriation
bill to the effect that "no part OF the military
force Of the United States herein provided for
shall be employed in aid Of the enforcement OF
the enactments Of the alleged Legislative As
sembly OF the Territory OF Kansas:D and,
further, that your amendment was adopted:
and, further, because, the Senate refused to
concur in your amendment, you filibustered
and forced the adjournment OF the first session
OF the Thirty fourth Congress, leaving the
army without dollar OF appropriations; and,
further, that when the President called Con-
gress together again you voted to adhere to
your amendment and undertook to force the
adjournment Of the second session without
permitting the passage OF the Army Appropria-
ton BILL but were overruled by few of your
conservative Republican colleagues joining the
Democrats and saving the army from disband.
ment for want Of an appropriation.
AS you seem to have forgotten this striking
page in your political history, refer you to the
Congressional Globe, Thirty fourth Congress.
part second, 556, pages ], 754 ,790 ,794 and
2,240, ard page Is Of the appendix. You will
find the references handy, as they are all in
one volume. h
The difference between your position then
and now is this: Then you were struggling
against bad use OF Federal troops in Terri
tory, over which the Federal Government had
supreme control; and now you are struggling
for q bad use of Federal troops and Marshals
to control State elections, with which the Fed-
eral Government has nothing Whatever to do.
You were willing to disband the whole army
then rather than suffer the Federal Govern
ment to exercise its undoubted powers and now
you denounce as rebels and nullfiers men who
served through the war for the Union, while
YOU prospered in peace and comfort at home,
for dlsbanding your hordes Of partisans, paid
from the common treasury Of the people to
wrest from them the control Of their ballot box.
| am not disposed, my fellow citizens, to
claol that in the ordinary exercise Of its pow
ers Congress is at liberty to withhold appro-
priations for purposes prescribed by law. We
did not ne v TShG q any RP py = The @
any Of the departments of the Government in
the exercise Of their ordinary and achnowl-
edged powers. We merely forbade the use OF
any money appropriated for the army to trans
port or maintain troops at the polls; and We
withheld no appropriations, except for the fees
that all the Marshals would be patriotic enough
to hold on to their Offices and draw their regu-
lar salaries, and perform all their ordinary
and useful duties, trusting to Congress-
to pay their fees for legitimate services. We
mcrely resolved that the public treasure should
not be wasted, nor the control OF our State
elections interfered with by hiring bummers
and shoulder hittels, or bribing needy men out
Of the common treasure Of the people. And
we now appeal from the advocates OF Federal