Daily globe., 1879-05-16


declaiming against the Democratic party9 1t
is not easy, continued Thurman, to provide a
remedy for existing defects. Experience has
proved that when you undertake to remedy a
jury system where there are apt to be political
questions, it is essential that you provide
against juries consisting of ten of one political
party alone. We cannot avoid taking notice of
political parties. We take such notice in
our State laws by providing that
Judges of elections shall be chosen
from different parties, and in our federal laws,
by similar provision in regard to supervisors.
We are compelled, as practical men, to recog-
nize the fact that in this, as in all free coun-
tries, there are different political parties, and
therefore the proposition in the pending bill
that the names of jurors shall be placed in a
box by the clerk OF the court and by jury
commissioner of a different political faith
from that of the clerk, and that the names
shall be SO put in alternately is not open to
criticism because it recognizes political parties
Even if constitutional they should lie repealed,
but ..~ . s.,,.t.rI. -, NO,
HE DENIED THEIR CONsTITUTIoNAIITY. --,
Certain Senators had nothing but sneer for
any one who cited the constitution, and the
Senator from Minnesota, Window, had said
the Democrats objected to The constitutionality
of something, as usual, intimating that it was
part of their stock in trade to cry unconsti-
u
try when objection to measure on constisu-
tional grounds could be put down with a sneer.
These election laws proved, among other
things, that any person who by the law of any
State is required to perform some act in order
to entitle him to vote, shall if he offers to per-
form that act and his offer be rejected on ac.
count of his race, color or previous condition
of servitude, have right to vote notwithstand-
ing the refusal of the proper officer to allow
him to perform the act. Section
2,OOl was merely repetition of the
fifteenth amendment to the constitution
and therefore not Objectionable but section
zoos provides for offering to citizens the facil-
itics prerequisite to voting required by State
laws, and section 2, OOG imposes penalties upon
officers refusing to provide such facilities. SEQ
tion 2.OO7 makes an offer to fulfill any pre-
requisite to voting equivalent to it's performs
ance, and section zoos imposes fines on judges
of election who refuse to receive votes cast
under the preceding section. These sections
are in execution of the fifteenth amendment
but they are comprehensivethey include all
citizens, frce-bOrn az we'll >as those who have
been slaves, and they apply to all local as we'll
as general elections. Where is the consti-
tutional warrant for the enact
ment of these laws? Pwo provisions have
been cited as warranting it in very remarka-
BILE document, ,-., ...a, In
VETO NUMBER ONE,
his excellency, the President, and he is about
equally unfortunate in his reference to the Law
in veto number two. First he cites article one
of the constitution. The fifteenth amendment
docs not support the statutes, but the statutes
go farther and undertake to regulate the right
OF every citizen to vote, no matter what his
color or what his previous condition. The su.
preme court has decided that these provisions
are unconstitutional, that the fifteenth amend
ment confers no tight upon any man to vote
but guarantees those otherwise qualified against
discrimination of any sort against voter.
There is abundant provision in these sections
to prevent men from voting, but not for thei,
protection, and ample provision for .
BLACKBOARD DEPUTY MARsHALs
drawn from the lowest porleus of New Yorl
and Philadelphia; there is power for them t.
arrest without warrant most peaceful anG
respectable citizen who offers to vote, anG
bring him before the United States commits
sioner. They can tear the statute Of justice
from his seat where he is executing State laws
It is not law to secure but to prevent the
right to vote. Article one, section four of the
constitution gives Congress the power to regu
late the times, places and manner of holding
elections for representatives. The laws sought
to be repealed have nothing to do with tht
| times and places. therefore the only presen
application of that article lies in the wore
| manner The student of this subject viii
obs, rye that the principal object Of this con
! government to preserve its existence.
| Senator Thurman maintained that the law
now sought to be repealed were
NOT CONSTITUTIONAL. EXERCISE OF POWER
to regulate elections, for it is fundamenta
l, section 4, interfere in any manner with tn
election of State officers, and any regulation
for Congressional elections enacted by Con
gress, must be so framed as not to interfere il
such election. No legal proposition was eve
dearer to him than that. He proceeded to sho,
that under the existing law persons prevente
from voting for congressman, or for Presi
dental electors were at the same time pre-
vented from voting for local and State officers
| Article l, section 4, would never have bee
adopted if our fathers had foreseen the uses t
which it would be put. But even if these law
were constitutional they ought to be repealed
for instead of being in the interest of pur
| and honest elections the mind of man neve
devised worse instrument of
FRAUD, CORRUPTION AND OPPRESSION
than these laws. When they were passed ther
were only eight Democrats here and they we,
powerless to prevent their adoption.
Senator Conkling asked if 1t were possib
eight men would have made so muc
noise as was made on that occasion
Senator Thurman said those eight men wer
inspired. QAaughter) They stood up for th
constitution and for honest elections an
naturally made noise and something beside
noise. 1t was argument and argument hs
had its effect. 1t has filed these seats and il
creased the number of Democrats from seven a
when he first came here, Till they spread out an
REACHED OVER INTO THEs PROMISED LAND. :
He did not believe at that time those law
were passed to protect freedmen, and histor
has proven his incredulity to be well founde'
They originated in the State of New York, in til
Union League club, in q partisan, politics
club. He read from the report of the com mmi
tee on expenditures in the department of ju
tice of the Forty-fourth Congress. The test
mony of Samuel j. Glesson before that con
mittee showed hum to have been the chief coul
sci employed by that club to get up testimon,
and therefore he will be acknowledged by tt
other side of the Senate, at least by respectful
men. He was assisted by a man not so respec
able and who has become quite a historic
one, John L. Davenport. Senator Thurms
read from the testimony at length, showin
what measures the Union League club took
prevent the passage of these laws, and the col
nection of Davenport Herewith. When tt
laws were first proposed they contained man
provisions not ultimately passed. As first pr
posed they almost
DIsFRANcHIsED EVERY NATURA11zED crr1zrN
in the United States. made it almost impoesih
to be naturalized, and gave no naturalized eli
zen security In his right to vote. Senator Thr
man called Senator Morton's attention to {
provisions, and said to Morton. '.You cam
support these sections" He said, after exa,
} ining them, Certainly cannot;' and he us
: his influence against them, and so they we
{ defeated. The laws originated in the Uni,
T League club, and were passed for party pr
poses, and not at all for the protection of free
Q men. He would cite some fgurea to suppt
: his assertions. InlS76 there were 4 1868 sup.
1 visors of election appointed under these lav
Q IF which l,779 were appointed in the State
$ New York. nearly one-half Of the whole nu
: ber. There were IL go marshals more til
o one-fourth of them in New York The ma
9 point 81 Esq,
IS WHERE DID THE MONEY 60
in that year. There was expended s2s. 81
How much was expended to protect the pc
!. freedman down "A the country where t
Z night rider, the White Lacquer and Kukl
oppress him. In the ten Southern Sta
there was expended $4S.7 and in otl
: \ States 1897 $50 WAS disbursed. That is to q