The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1879-09-13

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even justifes blow at the fundamental laws
of the land, makes himself the accomplice OF
those who strike at the liberties of the people
In speaking on the same subject before the
Cooper Institute Indignation meeting, Mr..
Eysrts also entered his memorable protest
against the military usurpaion in LQuisiana in
the following language;
%when mon vote and when their chosen
officers meet, and when, without violence and
without demonstration OF instruction, they
undertake TO conduct the affairs If their po-
li6cal Government, no soldier can interfere.
"rhere are two very distinct, firm lines Of
limitation which, observed, will protect the ma
chinery of the Government of the people to-
dsy-that is that the sole intervention OF the
Federal power within the State authority shsll
be to suppress violence, and that their Office
after that shall not assume to go further, IN
less when invited to go further by the.supreme
authority OF the State.
"What Is the use TO give the purse and the
,word to the House Of Commons il the King or
The President, by military power can determine
what shall be the constitution of the House OF
Commons or the House Of Congress? And that
is what they fought for in England.
And for this reason the people of the United
States are justified In assuming that the su-
preme civil power shall dominate over the mill
tary, and that no merging Of them or nterfer-
nce with them shall be permitted
Another member Of Mr. Hayes Cabinet Mr.
McOrary the Secretary of War, also strongly
condemns the use of the army. In his book on
elections page 315) he Gays: tI.5s
An armed force in the neighborhood of the
polls is almost of necessity q menace to the
voters and an interference with their freedom
and independence and If such armed force be
IN the hands Of, or under the control Of, parti-
san friends OF any particular candidate, or set
of candidates, the probability of improper in
fuence becomes still stronger
Postmaster General Key, while member of
the Senate from Tennessee, and but q few weeks
before he accepted place in the Cabinet not
only denounced the unwarranted and danger
Gus use of the soldiers at the elections held in
the Southern States in the fall Of 1876 but in
his place in the Senate, speaking of the test
mony of Eliza Pinkston, and while arraigning
John Sherman's connection with Affairs in
Louisiana, used this language: And on this
testimony, the falsehood of which is 80 appar-
ent ON its face, n State is TO be DISTINGUISHED,
and President whom the people never elected
is to be placed in office" The President, in
his inaugural message, said: s0nly local
Government, which recognizes inviolate the
rights of all, If a true self government This
language certainly condemns the use OF troops
at the polls. But if the President is not ON
demned by his own words, 1 submit that he is
by the voice of his Cabinet And haye they
not convicted one another? No greater crime
against the constitution can be conceived OF
to-day upholding the same outrageous princi-
pie and defending il, principle which their
patriotic and burning words 80 eloquently de-
nounced but few years ago.
The President in his irst veto message, ar
CUES that the right Of the House 10 grant sur
PITS upon condition of the redress Of griev
anee- Is power that onght not to be exercised,
and that it works a denial to the Executive Of
bis share OF Legislative power. Section !, arti-
clel Of the constitution says AN legislative
powers herein granted shall be vested in Con-
gross of the United States, which shall consist
al nd NJ Rat, tats, rouU
The executive power is vested in the President,
but he has no right to participate in legislation
lie IN the veto power, which is given him to
prevent party or ill-advised legislation, but not
to defeat the will of the people as the late We
toes of the President have done. But the right
OF the House 10 attach conditions to Appropria-
ton bills cannot be denied. Seotion Z, article
OF the constitution says: @All bills for rails
ing revenue shall originate in the House Of
Repres, natives"
Madison, the father of the constitution In
commenting on the powers of the House. thus
defines them in the FederdliSt.
TIE House OF Representatives can not only
refuse. but they alone can propose, the sup
plies requisite for the support of the Govern
ment They, in q word hold the purse that
powerful instrument by which we behold, in
lie history of the British constitution, an infant
and humble representation OF the people grad
ua'ly enlargiDg the sphere OF its activity and
importance, and finally reducing az far as it
seemed to have wished all the overgTown pre-
negatives of the other branches of the Govern
ment. This power over the purse may in fact
be regarded as the moot complete and effectnal
weapon with which the consttu ion can arm
tire immediate representatives of the people for
obtaining redress of every grievance, and for
carrying into effect every just and salutary
measure"
1t was with this view that the constitution
provided that moneyed bills should originate
in the House Of Representatives. And It was
with view of giving Congress complete con-
troll over the army, which is the creature of
Congress- and not of the President, that the
constitution allows no appropriations for the
army under any circumstances, for more than
two years at time. The p-wer of the House
to grant supplies, with or without conditions,
connot be questioned.
pass now to the consideration OF the Elec-
ton laws providing for Supervisors of Elec-
tions and Deputy Marshals. These laws are
TO be found in the Revised Statutes of the
United States, sections 2,0ll to 2,031 inclusive
They are too long to quote, but, to bring the
subject more clearly before you, l will briefly
state their import These laws were passed
February %, 1871. They never existed before,
and, up to that time, it was conceded that the
states were the only proper authority to con-
troll elections and protect their citizens These
vicious measures were passed when all branch
Is of the Government were in the hands OF the
Republican party, and undoubtedly for the pur-
pose of perpetnating that party in power.
Under these laws, on application CT two citi-
zens, in cities of 10000 and upward, or of ten
citizens in any county in any Congrt ssional dis
!riet, the Judges of the Circuit Courts of the
United States are authorized 10 appoint two
supervisors of Elections for each votirg pre-
cinct in the United States; each to be paid IS
per day for his services
These Supervisors are authorized and re-
quired to attend at all times and places for
holding elections for Representatives or Dele
gates in Congress, and for counting the votes
offered by any person whose legal qualifca-
tions the Supervisors, or either Of them, may
doubt, and to further take control, personally
ecrutinize and inspect the manner of voting
the ballot boxes, the poll-boxes, tallies, etc,
and in the absence Of the Marshal or Deputy
Marshal, to make arrests, without process, Of
any one they believe, or pretend to believe, to
have violated in any way the Election law.
Thus you see at any election for member of
Congress this law places the voters and ballot
boxes in the elections in the States for all Of
fees, county and State, in the hande OF the Fed
eral Government. Could anything be more de-
grading and humiliating? Are not our local
tent to count and canvass the votes they re-
ceive? Have the people become slavee, that
they must be yoked to Federal overseers? No,
mol The monstrous provisions of this bad law
will only have to be made known, when the
people will Indignantly rise in their might and
demand it's repeal.
But bad and reprehensible - are these Su-
pervisors of Elections, the Deputy Marshals
and their functions are infinitely worse These
laws further authorize, in cities Of q, 900 or up
wards, on the written application Of two CHI
zens, the appointment by the United States
Marshal for the district of any number Of
Deputy Marshals, to hold their positions for