The daily gazette., 1879-05-17

the Courts attention to the presence in
the Jury box of men who gave aid or
comfort to the rebellion by clothing a
poor soldier whose bare feet were bleed
Ing In the frost and snow, and for being
so vile as to believe that the story of the
good Samaritan was told us for our imi-
tation-thOse men are excluded from the
jury box II the judge so directs. This Is
not an impossible case; IL has taken
place since we have been in this cham
Der. Such laws would disgrace DallOmey.
He would not say whether the law had
been needed at the time of its enact
ment, though II would have been better
to suffer the evils resulting from allowing
an occasional alder of rebellion to sit on
juries than to pass such a law. But the
moment peace was restored it was due to
national character, TO justice and civiliza-
tion, that the law should have ceased to
exist. He proposed that it should now
disappear.
THE ELECTION LAWS.
Mr.. Thurman then proceeded to the
consideration Of the clauses relating to
supervisors and deputy marshals. The
proposal to repeal these laws, he said,
was said by their opponents to be an at
tempt against the pure elections and an
endeavor by the Confederate brigadiers
to shield themselves in their enormities,
by which they suppressed the vote of the
trhly loyal citizens of African descent
The fact is the laws were never made to
Otect citizens of African descent and
ties of corruption, force and fraud, Even
if constitutional they should be repealed
but he denied their cOnstitutionality.
CONSTITUTIONAL QUESTION.
Certain Senators had nothing but a
sneer for anyone who cited the cOnstitu-
ton, and the Senator from Minnesota
(Mr. Windom) had said the democrats
had objected to the constitutiOnality of
something Gas usual" intimating that it
was part of their stock in trade to cry
unconstitutional" II would be sad
day for this cohntIy when an objection to
a measure on constitutional grounds
could be put down with sneer.
These elec' ion laws provide, among
other things, that any person who bv the
law of any State Is required to perform
some act in order to entitle him to vote,
If he offer to perform that at, and his
offer be rejected on account of his race,
,lor, or previous condition of servitude,
have right to vote, Notwithstanding the
refusal of the proper officer to allow him
to perform the act. Section 1904 was
merely a repe ition of the fifteenth
amendment TO the constitution and there
fore not Objectionable but section zoos
provides for the offering to citizens Of
facilities to fulfil any prerequisite to vOt-
ing required by State laws, and section
2 0O6 imposes penalties upon officers re
fusiDg to provide such faculties. Sectior
2,OO7 makes an offer TO fulfil any pre-
requisite to voting equivalent to its per
foImance, and section zoos imposes fine
on judges of election who refuse tt
receive votes cast under the pre-
ceding section. These sectors are il
execution of the fifteenth amendment
but they are so comprehensive that they
include all citizens, free born as well g
those who have been slaves, and they ap
lpy to all local as well as general elec
tions.
CRITICISMS OF THE vETOEs.
Where is the constitutional warrant
for the enactment of these laws? Two
provisions have been cited as warrantins
1t In the very remarkable document, Vett
No. /, which we lately had the honor tt
receive from His Excellency. the Presi
deut, and he Is about equally unfortu
nate in his reference TO the law in Vet,
No. 2. First, he cites article ], section 4
The fifteenth amendment, as l hav,
shown, does not support these statutes
But the statutes 60 further and under
take to regulate the right of every citi
zen to vote, no matter - at his color O
what his previous condition. The Su
preme Court has decided that those pro
: visions are unconstitutional; that tlr
J fifteenth amendment confers no righ
! upon any man to vote, but guarantee
those otherwise qualified against d q
elimination of any sort against voters
There Is abundant provision in thOs
, sec, ions to prevent men from voting, bu
not for their protection, and ample pre-
G vision for blackguard deputy marshal
y drawn from the lowest purlieus of Ne,
g York and Philadelphia. There is powe
1 for them to arrest without warrant th
? most peaceful and reputable citizen VIII
4 offers to vote and bring him before til
e United States Commissioner. They ca
l te II Il State justice from his seat VIII /
i he is executing the State law. 1t Is nc
1 law to secure but TO prevent the rigt
to vote.
FEDERAL. POWER OVER ELECTIONS.
Article /, section 4, of the constitutio
= gives Congress the power to regulate til
lines, places and manner ofholding ele,
ions for Representatives. The law
!. sought to be repealed have nothing TO
!, with times and places; therefore the OIL
" " ly present application of that article liz
y in the word 'manner." The student
y this subject will observe that the prime
e pal object of this constitutional provisio
! is to enable the federal government
,, preserve its existence.
u Mr.. Thurman read from the Federali
Is Nos. 5S and SO, TO illustrate this stat
e ment and to show that the trainers of Il
Is constitution seemed TO think that the pr
IL II vision giving the right to constitution
y elections would not be required o be e.
% % ercised except IN case Of the failure of
d State to provide for elec ions. But, witt
= y out insisting on that point, he maintains
- that the laws now sought TO be repeale
=, were not tho constitutional exercise
:, - the power to regulate elections, for it
!, !, fundamental that Congress cannot, ,und
ie ie article /, section a, interfere in any maj
!" ner with the election of States officer
=, " and any regulation for Congression
" elections enacted by Congress must be
>" framed as not to so interfere. No leg
~ proposition was ever clearer to him ths