The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1879-11-21

OF the Federal Election laws would
speedily be tested in the Supreme
Court Of the United States. Out Of five
Baltimore eases and one Cincinnati
case. II was anticipated the discussion
Of the Constituiionality Of the Federal
statutes known as the Deputy Marshal
laws might arise before the Supreme
Court and reach decision in that tri-
bunal. IL Is Of the highest importance
that the Supreme Court pronounce
upon the Constitutionalty Of these laws
at an early day, and since the heat Of
the late election is over this grave
question can. or should, be impartially
and candidly discussed. II Is the ques-
ton Of foremost Importance. These
laws are applicable 70 all cities Of twen-
" thousand inhabitants. and they num-
Der not far from eighty. The next
census will show larger number than
that. These cities will elect, or control
the election, of about one hundred
members Of Congress, one-third Of the
House Of Representatives II is i'm
portant to know whether the election
Of SO large a fraction Of the members of
the House is TO be placed entirely in
the hands of agents selected by the
Executive Department of the Federal
Government, or whether these elections
shall be conducted BY the people Of the
States, as they have been till recently.
since the adoption of the Constitution.
Those laws give To the party in control
Of the Executive unlimited authority to
hire men at fifty dollars head to vote
and work for said party. This is hide
ously inequitable. l. il Constitutional?
The Acknowledgement of the United
States has made known his brief upon
the validity of these Deputy-Marshal
Election laws, and alleges their consti-
tutionallty-
II. Because Congress has full and unquali-
fed power 10 regulate the manner OF holding
elections for members thereof.
~. Because the power ~ Congress 20 rcgu-
late the manner OF holding elections for its
members includes authority 10 adopt whatever
measures may be deemed necessary or cxpcdi-
cni 10 conducting such elections and deter
mining the result thereof.
~. Because Congress can punish any VIOLA
ton Of the LAWS enacted under this power, and
also any Interference with the officers charged
with the execution ~ such laws.
-. Because rho statutory provisions under
which the convictions were had are appropri-
ate for carrying into effect the power granted
10 Congress 70 regulate the manner of holding
ticctlun- LOT Representatives,.
OF these. the first and second are the
essential claims of the Executive De-
partment Of the Government in defense
Of the power OF the Executive Depart
ment Of the Government. under the
Constitution. TO stalk into the various
States and conduct elections. Should
the Supreme Court affirm these propo-
stions, il would be in opposition 70 the
historic and recorded opinions Of that
high tribunal. and in view Of the in
corporations placed upon the Constitu-
ton by that Court In the past, we are
not presumptuous in saying that these
assertions Of the Attorney General are
in direct conflict with the Constitution.
The clause Of the Constitution upon
which the Acknowledgement bases the
validity Of these statutes (Article 4.
Sect. - Il rs follows:
"Thc times. places and manner Of holding
elections for senators and Representatives
shall be prescribed in each state hy the Leg
stature thereof; bur the Congress may AT any
time by law make or alter such regulations.
except as 70 the places uf choosing Scnators.'
When these laws were elssed they
were not grounded ~ all upon the claim
Of the Constitution. They were deemed
part Of southern legislation. aud were
doubtless supposed TO be. somehow.
acts enforcing the late Amendments TO
the Constitution. But perhaps this
doesn't matter.
II i clear that even IL Congress has
full and unqualified power 10 regulate
the manner Of holding elections for
members thereof" II does not follow
flaf 1..,,y.,...s. k.n f,,f1 .~.I ,,,...r.l;fs..l
power 10 hold these elections itself, or
through it, agents. The elections must
BE- held by the proper parties 70 hold
elections n the voters created by the
State. Because Congress may alter or
make regulations a. 70 the 'manner If
holding elections for Senators and Rep
rescntativcs.- it by no means fol-
lows. as Mr.. DeyenS asserts. that
Congress can walk into the States
and itself conduct such elections
and determine the result there
Of" What il does by its agents
IL does itself. Because Con-
grcss may prescribe the manner in
which thing shall be done BY those
competent TO do the thing. Congress
may not, therefore. do the thing itself.
MIR. Carlisle. in nm admirable speech.
made the unanswcrahle point that il
the Federal Government can take con-
troll Of the election Of members Of the
House. determine the qualifications Of
voters, put its officers n the polls 10 en-
pinecr the suflrages, II can also place
them In the Legislative halls Of the
states ~ pronounce upon the credcn-
ia's Of members, rule ont and rule in
votes for United States Senators, and
arrest members without warrant. The
General Government has the same
power 70 elect United States Senators
that Il has to elect members Of the
House, and has the same power over
the elections in either case. All this il